Agenda packet — Cotati City Council, September 24, 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, September 24, 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/82355738955?pwd=G35m7ZBBphl0vKiHbhO5koZW4v0ZtP.1 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: 823 5573 8955 Passcode: 749592
+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.

Cotati City Council Packet September 24, 2024
• Audience members are advised to keep conversations to a minimum or conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area. • The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 2023-01 III.B.1.) Public Comment (Action items): Public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person. Action items are typically designated on the agenda title.

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

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

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

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

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

1. CALL TO ORDER

2. ROLL CALL

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

4. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS

AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – SEP 10, 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.

B. Measure S supports police services, a variety of recreation programs for all ages, and the Cotati City Council Packet September 24, 2024
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. 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.

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda. Pursuant to City Council Policy 2023-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the Deputy Clerk will alert speakers when there are thirty seconds remaining.

9. CONSENT CALENDAR (ACTION)
A. UPDATE OF THE CITY OF COTATI'S CONFLICT OF INTEREST CODE It is recommended that the City Council adopt a resolution amending the City of Cotati’s Conflict of Interest Code.

B. APPROVAL OF A RESOLUTION AUTHORIZING A SECOND AMENDMENT TO

THE SANTERO WAY SPECIFIC PLAN REZONING CONSULTANT CONTRACT WITH 4LEAF INCORPORATED AND APPROVING A TOTAL NOT TO EXCEED

PROJECT AMOUNT
It is recommended that the City Council approve a resolution authorizing a second amendment to the Santero Way Specific Plan Update contract with 4Leaf to include a water supply assessment as required under SB 610 and SB 211 to inform the environmental impact report (EIR) being prepared for the SWSP Update and any future Transit-Oriented Communities (TOC) policy rezoning, for a total contract amount of $442,487, and approving a total not to exceed project amount of $482,487.

C. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER

17.32 DENSITY BONUSES OF THE COTATI MUNICIPAL CODE
It is recommended by the Community Development Department and the Planning Commission, that the City Council review and conduct the second reading of the proposed ordinance amending Chapter 17.32 Density Bonuses of the Cotati Municipal Code.

D. ACCEPT THE FISCAL YEAR 2023-2024 ANNUAL REPORT OF DEVELOPMENT IMPACT FEE (AB1600)
It is recommended that the City Council adopt a resolution accepting the fiscal year 2023-24 annual reports of development impact fee activity.

Cotati City Council Packet September 24, 2024
E. APPROVAL OF PAYMENT FOR EMERGENCY SEWER REPAIR WORK IN OLD

REDWOOD HIGHWAY TO ARGONAUT CONTRACTORS AND

APPROPRIATIONFROM SEWER CAPITAL ENTERPRISE FUND
It is recommended the City Council by resolution approve payment to Argonaut Contractors in the amount of $44,977 for expenses incurred for the emergency replacement of approximately 60 feet of 6-inch diameter sewer in Old Redwood Highway and appropriation of $49,477, including Construction Management and Inspection costs incurred by GHD, Inc., from the unappropriated funds in the Sewer Operating Fund.

10. DIRECTION ON FUTURE AGENDA ITEMS

11. REGULAR AGENDA (ACTION)
A. APPOINTMENT OF A LIBRARY COMMISSONER
It is recommended that the Mayor nominate a Cotati representative on the Sonoma County Library Commission, and that the City Council adopt a motion to ratify the Mayor’s nomination.

B. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MARK

THOMAS & COMPANY, INC FOR DESIGN SERVICES FOR THE HIGHWAY 116/WEST COTATI AVENUE INTERSECTION SAFETY IMPROVEMENTS

PROJECT AND AUTHORIZING APPROPRIATION OF FUNDS FOR THE PROJECT It is recommended the Council of the City of Cotati adopt a resolution approving a Professional Services Agreement with Mark Thomas & Company, Inc. for design services for the Project, authorizing the City Manager to execute said Professional Services Agreement and approve any needed amendments up to the approved budget amount, and approving the appropriation of funds to the Project account
C. COTATI CULTURAL GRANT PROGRAM
It is recommended that the City Council of the City of Cotati adopt a resolution approving the Cotati Cultural Event Small Grant Program and replace the current City donation policy with the Cotati Cultural Event Small Grant Program.

D. AWARD CONSTRUCTION CONTRACT FOR THE PUTNAM PARK
IMPROVEMENTS - PHASE 1 PROJECT
It is recommended the City of Cotati City Council adopt a resolution awarding the Construction agreement for the Putnam Park Improvements Project – Phase 1 and authorizing the City Manager to execute said agreement and any change orders or amendments to the Construction Management Agreement up to the authorized project budget amount.

E. AWARD OF CONTRACT TO CODA TECHNOLOGY GROUP FOR COTATI CITY

HALL, CITY COUNCIL CHAMBERS AUDIO VISUAL SYSTEM UPGRADES It is recommended the City of Cotati City Council adopt a resolution awarding the construction agreement for the Cotati City Hall, City Council Chambers Audio Visual System Upgrades and authorizing the City Manager to execute said agreement and any change orders up to the authorized project budget amount.

12. CITY MANAGER'S REPORT

13. CITY COUNCIL MEMBER REPORTS

14. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
Cotati City Council Packet September 24, 2024

15. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

16. 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 September 20, 2024. /s/ Kevin Patterson, Deputy City Clerk

MINUTES

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

FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, September 10, 2024
6:00 PM REGULAR MEETING

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

2. ROLL CALL
Attendee Name Title Status
Laura Sparks Mayor Present
Ben Ford Vice Mayor Present
Susan Harvey Councilmember Present
Sylvia Lemus Councilmember Present
Kathleen Rivers Councilmember Present
Staff Present: City Manager Damien O’Bid, City Attorney John Bakker, Deputy City Clerk Kevin Patterson, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Director of Public Works/City Engineer Craig Scott, 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 – AUG 27, 2024

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Cotati City Council Minutes September 10, 2024
RESULT: Approve [4 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Sparks, Harvey, Lemus, Rivers
NAYS: None
ABSTAIN: Ford

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.

7. PROCLAMATIONS
A. PROCLAMATION DECLARING SEPTEMBER 2024 AS LATINO HERITAGE MONTH
Councilmember Lemus read the proclamation. Proclamation was accepted by students of Rancho Kotate High School M.E.Ch.A. Club.

B. NATIONAL SERVICE DOG MONTH
Mayor Sparks read the proclamation. Proclamation was accepted by Benjamin Veith of Canine Companions.

C. PROCLAMATION THAT THE WEEK OF SEPTEMBER 16-23, 2024 IS POLLUTION PREVENTION WEEK AND SEPTEMBER 22-29, 2024 IS CREEK WEEK IN THE RUSSIAN RIVER WATERSHED 7 of 175
Cotati City Council Minutes September 10, 2024
Vice Mayor Ford read the proclamation.

8. APPROVAL OF FINAL AGENDA (ACTION)
City Manager Damien O’Bid recommended to move item 12B to directly before item 12A.

No public comment.

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.

Public Comment:

Neil Hancock of Cotati
Laurie Alderman of Cotati

10. CONSENT CALENDAR (ACTION)
A. ADOPTION OF RESOLUTION APPROPRIATING ADDITIONAL WATER CONSERVATION IN THE WATER ENTERPRISE FUND AND APPROVING A SUBAWARD AGREEMENT WITH SONOMA WATER B. ADOPTION OF THE REVISED CITY-WIDE SALARY SCHEDULE FOR FISCAL YEAR 2024/25
C. AWARD CONTRACT FOR PROFESSIONAL AUDITING SERVICES AGREEMENT

FOR THE CITY OF COTATI
D. APPROVAL OF 2024 COTATI CHAMBER OF COMMERCE MUSIC OKTOBERFEST

EVENT IN LA PLAZA PARK
E. AWARD OF THE CONSTRUCTION AGREEMENT AND CONSTRUCTION

MANAGEMENT AND INSPECTIONS PROFESSIONAL SERVICES AGREEMENT

FOR THE SIDEWALK GAP CLOSURE PROJECT
RESULT: Approve [5 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Ben Ford, Vice Mayor
AYES: Sparks, Ford, Harvey, Lemus, Rivers
NAYS: None

11. DIRECTION OF FUTURE AGENDA ITEMS
Councilmember Rivers requested an item on the expectations of City Council when there is a lengthy agenda at the next strategic planning meeting. 8 of 175 Cotati City Council Minutes September 10, 2024

12. REGULAR AGENDA (ACTION)
B. APPROVAL OF THE ENVIRONMENTAL REVIEW FOR THE HIGHWAY 116/WEST

COTATI AVENUE INTERSECTION SAFETY IMPROVEMENTS PROJECT
(PROJECT) AND A PROFESSIONAL SERVICES AGREEMENT WITH MARK

THOMAS & COMPANY, INC FOR DESIGN SERVICES FOR THE HIGHWAY 116/WEST COTATI AVENUE INTERSECTION SAFETY IMPROVEMENTS

PROJECT AND AUTHORIZING APPROPRIATION OF FUNDS FOR THE PROJECT Presentation by Director of Public Works/City Engineer Craig Scott.

Councilmembers comment.

Public Comment:

Laurie Alderman of Cotati
Neil Hancock of Cotati
Council voted to approve the environmental review for the Hwy 116/W. Cotati Ave Intersection Safety Improvements Project. Council requested that the professional services agreement with Mark Thomas & Company, Inc, be brought back for further discussion at the next regular meeting on September 24. Council requested that staff provide billing rate comparisons for similar companies to compare the rates and costs before voting on approval.

RESULT: Approve [5 TO 0] ENVIRONMENTAL REVIEW ONLY
MOVER: Susan Harvey, Councilmember
SECONDER: Ben Ford, Vice Mayor
AYES: Harvey, Ford, Lemus, Rivers, Sparks
NAYS: None
A. CITY COUNCIL APPOINTMENTS AND ASSIGNMENTS - POLICE ADVISORY

SELECTION SUBCOMMITTEE
Report by City Manager Damien O’Bid.

Councilmembers comment.

Public Comment:

Laurie Alderman of Cotati
Council appointed Councilmembers Lemus and Rivers to serve on the Community-Police Advisory Committee Selection Subcommittee. Council also determined that the subcommittee would be active until the end of March 2025, or the first meeting of the Community-Police Advisory Committee, whichever comes first.

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Cotati City Council Minutes September 10, 2024
RESULT: Approve [5 TO 0]
MOVER: Laura Sparks, Mayor
SECONDER: Ben Ford, Vice Mayor
AYES: Harvey, Ford, Lemus, Rivers, Sparks
NAYS: None
C. APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE TO THE 2024

LEAGUE OF CALIFORNIA CITIES (LOCC) ANNUAL CONFERENCE
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

No public comment.

Council voted to appoint Councilmember Harvey as the voting delegate, and Councilmembers Lemus & Rivers as the voting alternates. Council provided direction to Councilmember Harvey to support the proposed Resolution at the General Business Meeting, and discretion to vote in the City’s best interest if other votes come up.

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

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

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

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
Public Comment:

Laurie Alderman of Cotati

16. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

17. ADJOURNMENT
Mayor Sparks adjourned the meeting at 9:06pm.
/s/ Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: UPDATE OF THE CITY OF COTATI'S CONFLICT OF

INTEREST CODE
Date: September 24, 2024
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council adopt a resolution amending the City of Cotati’s Conflict of Interest Code.

Background
The Political Reform Act, California Government Code §81000-91014, declares in part that “Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them” §81001(b). To this end the Political Reform Act (“Act”) requires many state and local public officials and employees to disclose certain personal financial holdings so that they and members of the public are made aware of potential areas of conflict in relation to their official duties. This information is disclosed on the Fair Political Practices Commission’s (FPPC) Form 700 (sometimes informally referred to as “SEIs” “Form 700s” or “conflict of interest statements”).

The Act also requires every government agency to establish and subsequently conduct a biennial review of its conflict of interest code to revise it as necessary to adapt to changed circumstances.

At its regular meeting of June 28, 2022, the Council adopted Resolution No. 2022-30, rescinding previous code amendments and approving the biennial code amendment for 2022.

Analysis/Discussion
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The City’s present conflict of interest code has been reviewed and it has been determined that the Code should be amended to reflect current employee job 11 of 175
classifications, more accurate disclosure categories, and a definitions provision for a better understanding of classifications.

Our disclosure categories have been updated with numerical options that will best fit the filer’s requirements. A disclosure category is a description of the types of financial interests officials in one or more job classifications must disclose on their Form 700s. The categories must be tailored to the financial interests affected and must not require public officials to disclose private financial information that does not relate to their public employment.

Two positions were removed from the Conflict of Interest Code: Management Analyst (Engineering/Public Works) and Senior Account Clerk (Administrative Services). These positions are both unfilled and are not being actively recruited. In addition, were these positions to be filled in the future before the next code update, neither one participates in purchasing decisions for the City.

Defining classifications will help to determine the corresponding category(ies) in which a filer must disclose. Definitions of such classifications will now be listed in the appendices for clearer application while filing Form 700’s.

Financial Considerations
None.

Environmental Issues
The action of updating the City’s Conflict of Interest Code does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.
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RESOLUTION NO. (XX)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
RESCINDING RESOLUTION NO. 2022-30 AND REVISING THE CONFLICT OF

INTEREST CODE
WHEREAS, pursuant to the Political Reform Act (Article III of Chapter 7 of the California Government Code, commencing with Section 8100), the City of Cotati is required to adopt and promulgate a Conflict of Interest Code (Government Code Section 87300 et seq.); and WHEREAS, the Political Reform Act requires all local government agencies to review their Conflict of Interest Codes biennially and to revise them as necessary to adapt to changed circumstances; and
WHEREAS, pursuant to Government Code Section 8302, the Conflict of Interest Code shall provide for specific enumeration of the provisions within the City, other than those specified in Government Code Section 87200, which involve the making or participation in the making of decisions which may foreseeably have material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property and sources of income which are reportable; and WHEREAS, on June 28, 2022, the City Council adopted Resolution No. 2022-30, amending the Conflict of Interest Code; and
WHEREAS, the City has reviewed its Conflict of Interest Code and determined that changes in the job duties and responsibilities of its employees and City boards and agencies have occurred since the last time the Code was amended which requires the Code to now be revised; and
WHEREAS, the City Council now wishes in conformance with State law to amend its Conflict of Interest Code to reclassify the categories of employees with disclosure responsibilities under the Political Reform Act and to reclassify the types of financial interests which give rise to these responsibilities under the Act; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, at 2 California Code of Regulations §18730, which contains a model conflict of interest code for the use of local agencies and which requires each local agency to incorporate by reference its own appendix which specifies the categories of positions within the agency that have disclosure responsibilities under the Act and the financial interests which must be disclosed by the position; and
WHEREAS, Title 2 of the California Code of Regulations §18730 may be amended from time to time by the Fair Political Practices Commission to conform to the Political Reform Act after public notices and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code §11370 et seq.; and 13 of 175
WHEREAS, the City Council intends that amendments made to Title 2 of the California Code of Regulations §18730 apply to the City’s Conflict of Interest Code as adopted by this resolution and replaces and Conflict of Interest Code of the City of Cotati previously in effect.

NOW THEREFORE BE IT RESOLVED as follows:

Section 1. Resolution No. 2022-30 amending the Conflict of Interest Code of the City of Cotati is herby rescinded.

Section 2. Section 18730 of Title 2 of the California Code of Regulations, and any amendments made thereto, is hereby adopted as the Conflict of Interest Code of the City of Cotati within the meaning of Government Code §87300 et seq.

Section 3. Any person who is required to files Statements of Economic Interest under this Code shall file in electronic format, it any, approved by the City.

Section 4. Appendices “A,” “B,” and “C” attached to this resolution as Exhibit A are incorporated into the Conflict of Interest Code of the City of Cotati as referenced therein by the term “Appendix.”
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 September 24, 2024, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
Attachments:

Exhibit A – 2024 Revised Conflict of Interest Code (PDF) 14 of 175
APPENDIX “A” - DEFINITIONS
"Public Official at any level of state or local government" means a member, officer, employee, or consultant of a state or local government agency. The term "public official" also includes individuals who perform the same or substantially the same duties as an individual holding an office or a position listed in Government Code Section 87200, including "other public officials who manage public investments" as that term is defined in 2 California Code of Regulations Section 18720.
“Designated Filers” means employees, members and consultants determined by the City of Cotati to be persons who “make or participate in the making of decisions which may foreseeably make a material effect on economic interests”, under 2 California Code of Regulations, Section 18730(b)(2) Designated Employees.
"Member" shall include, but not be limited to, salaried or unsalaried members of boards or commissions with decision making authority. A board or commission possesses decision making authority whenever:
(A) It may make a final governmental decision;
(B) It may compel a governmental decision, or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden; or
(C) It makes substantive recommendations which are, and over an extended period of time have been, regularly approved without significant amendment or modification by another public official or governmental agency.
"Consultant" means an individual who, pursuant to a contract with a state or local government agency:
(1) Makes a governmental decision whether to:
(A) Approve a rate, rule, or regulation;
(B) Adopt or enforce a law;
(C) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement;
(D) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval;
(E) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (F) Grant agency approval to a plan, design, report, study, or similar item; (G) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any subdivision thereof; or
(2) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. 15 of 175
APPENDIX “B”- DESIGNATED FILERS
The persons occupying the positions in the table below are designated employees for the purpose of this Conflict of Interest Code and shall disclose their financial interests in accordance with the disclosure categories set forth herein, as more fully described in Appendix “C”.

NOTE: The following positions are NOT covered by the Conflict of Interest Code because they must file under Government Code Section 87200 and, therefore, are listed here for information purposes only: Mayor/Councilmember, Planning Commissioner, City Manager/Executive Director, City Attorney/Successor Agency Counsel, Director of Administrative Services, and candidates for any of these offices at any election. NOTE: 87200 filers are category 1, 2, 3 filers Agency/Department Position Category
City Clerk 1,2,3
Deputy City Clerk 1,2,3
Recreation Manager 1,2,3
City Manager/City Clerk
Senior Management Analyst 4
Consultants* See note below
City Engineer/Public Works 1,2,3
Director
Civil Engineer/Associate 1,2,3
Engineer
Maintenance Superintendent 3,4
Engineering/Public Works

Senior Accountant 1,2,3
Administrative Services
Accountant 4
Community/Economic Development/Code Community Development Director 1,2,3 Planner/Senior Planner 1,2,3
Building Official 1,2,3
Enforcement
Code Enforcement Officer 1,2,3
Chief 1,2,3
Lieutenant 1,2,3
Police
Sergeant 1,2,3
* Consultantsshall be included in the list of designated employees and shall disclose pursuantto the broadest disclosurecategoryinthe code subjectto the followinglimitation:

The City Manager or his/her designee may determine in writing that a particular consultant, although a “designated filer,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager or his/her designee's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Section 81008. 16 of 175
APPENDIX “C” – DISCLOSURE CATEGORIES
Designated filers must report their interests according to their assigned disclosure category(ies).

Disclosure Category 1
All Interests in real property located in whole or in part within the City of Cotati or within two (2) miles of the boundaries of the City of Cotati or within two miles of any land owned or used by the City.

Disclosure Category 2
All Investments and business positions in business entities, including parent corporations, subsidiary corporations or otherwise related business entities that provide services, supplies, materials, machinery, or equipment of the type utilized by the City of Cotati.

Disclosure Category 3
All Sources of income, including loans, gifts and travel payments from sources that provide services, supplies, materials, machinery or equipment of the type utilized by the City of Cotati.

Disclosure Category 4
All Investments and business position in business entities, and income, including loans, gifts and travel payments, from entities that provide services, supplies, materials, machinery, or equipment of the type utilized, purchased or leased by the designated position’s division or department.
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF A RESOLUTION AUTHORIZING A SECOND

AMENDMENT TO THE SANTERO WAY SPECIFIC PLAN
REZONING CONSULTANT CONTRACT WITH 4LEAF

INCORPORATED AND APPROVING A TOTAL NOT TO

EXCEED PROJECT AMOUNT
Date: September 24, 2024
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended that the City Council approve a resolution authorizing a second amendment to the Santero Way Specific Plan Update contract with 4Leaf to include a water supply assessment as required under SB 610 and SB 211 to inform the environmental impact report (EIR) being prepared for the SWSP Update and any future Transit-Oriented Communities (TOC) policy rezoning, for a total contract amount of $442,487, and approving a total not to exceed project amount of $482,487.

Background
On August 8, 2023, the City Council authorized the City Manager to enter into a professional services agreement with 4Leaf Inc., and associated 4Leaf subconsultants, to provide planning consulting services to complete the Santero Way Specific Plan Update.

In September 2023, the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) published draft administrative guidance on their TransitOriented Communities (TOC) policies. These policies are intended to intensify land uses within one half mile of transit hubs with the goal of (among other things) increasing the overall supply of housing while also supporting the creation of jobs and increasing transit ridership, in keeping with the Plan Bay Area 2050. While adoption of the TOC policies is voluntary for bay area jurisdictions, it is a consideration for eligibility to receive One Bay Area Grant (OBAG) funds, which have amounted to approximately $1,000,000 in annual funding for the City of Cotati in recent years. More information on the Plan Bay Area 2050 is available 18 of 175
at: https://planbayarea.org/
In April 2024, staff identified a potential opportunity for the environmental analysis being prepared for the SWSP Update to be expanded to also analyze the potential impacts of implementing ABAG/MTC TOC policies on the other eligible parcels within the ½ mile radius surrounding the Cotati SMART station (graphic attached). Including this analysis into the environmental impact report (EIR) already being prepared would result in significant cost savings, expedite the analysis and prepare the city for future adoption of the TOC policies, if the City Council chooses to do so.

On August 8, 2024, the City Council approved a contract amendment for $44,597 to analyze the impacts of rezoning qualified parcels on E. Cotati Avenue into a future Transit Oriented Communities (TOC) zoning district. These funds were budgeted in the adopted FY24/25 as a future investment as TOC zoning compliance is required for the City to be competitive for One Bay Area Grant (OBAG) funds.

Analysis/Discussion
The City of Cotati was out early in the process to increase housing around the Santero Way SMART station. Staff issued a Specific Plan Update RFQ in early 2023, with the goal of updating an antiquated office focused Plan. After approval of a grant of $415,000 from ABAG MTC, Cotati was able to secure a contract with 4Leaf Inc. to complete the Santero Way Specific Plan in August 2023.

Shortly after this consultant was under contract, the TOC policy direction began to come out from ABAG/MTC staff. Cotati leadership has indicated general support for the concept of TOC policy implementation, both with the goal of increasing housing production in close proximity to transit and service amenities, and to ensure ongoing competitiveness for OBAG funding. After Council approval of the SWSP Update Environmental Impact Report (EIR) scope modification to include rezoning all TOC eligible parcels within a half mile of the SMART station, it was realized that rezoning these additional parcels to be compliant with TOC policies would increase the potential for development (being analyzed under the EIR) beyond 500 new units.

This increase in the unit count above 500 triggers the need for a water supply assessment under SB 610 and SB 211. Unfortunately, this was not included in the amended consultant scope as it was not originally anticipated. In response to these unanticipated costs, and the desire of the City of Cotati to have the ability to implement TOC policies in all available areas of the community, staff is recommending a second scope and contract amendment to include development of a water supply assessment as a component of the EIR analysis.

Given their existing work and similar efforts underway in Cotati, 4 Leaf Inc. (and their subconsultant Rincon) were identified as the most appropriate consultants to complete the WSA.

Their on-going contract to update the SWSP, the proximity of the Plan area to the remaining TOC eligible parcels within the City and their ability to meet the anticipated schedule for the next OBAG funding cycle were all factors in making this determination. 19 of 175
Financial Considerations
As identified in the attached proposal, the amended scope of services from Rincon, working as a subconsultant under the 4Leaf Inc. contract, are estimated to total $19,896, resulting in a new not to exceed contract total of $442,487.

It is worth noting that the infrastructure modeling identified to be conducted by a separate consultant, Carollo and Associates, as a supplemental element of the required CEQA analysis is currently budgeted at $35,000, in accordance with a contract amendment approved by Council on August 13, 2024. The attached resolution also authorizes an increase of the total not to exceed project cost to cover the anticipated costs, including the contract with Carollo, and identifies a total project cost of $482,487.To ensure all potential increased costs of this expanded scope of work are accounted for, staff are requesting Council approval for this new not to exceed contract amount.

To date, the City has received an ABAG/MTC Priority Development Area (PDA) grant of $415,000 and appropriated $50,000 in city funds for a total funding allocation of $465,000.

Given the unexpected cost increases, staff have contacted ABAG/MTC to ask about the availability of additional funding to augment these costs. Any unfunded portion of the contract will be brought before the Council for a mid-year budget adjustment for fiscal year 2024/25.

Other than staff time allocated, these identified costs are the only anticipated general fund expenditures needed to cover the project's cost.

Environmental Issues
This action to approve a contract amendment for services 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. Any resulting plan amendments or rezoning efforts will be analyzed for potential environmental impacts and a separate environmental determination will be made regarding those future projects. 20 of 175
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

APPROVING AN AMENDED SCOPE OF SERVICES AND CONTRACT

AMOUNT FOR THE SANTERO WAY SPECIFIC PLAN REZONING WITH
4LEAF INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
4LEAF INC. FOR A TOTAL CONTRACT AMOUNT OF $442,487 AND APPROVING A TOTAL NOT TO EXCEED PROJECT AMOUNT OF $482,487
WHEREAS, the City desires to employ a consultant to provide services related to, and to make certain updates and amendments to, the Santero Way Specific Plan area of Cotati and to expand the environmental analysis conducted to include implementation of Transit Oriented Communities (TOC) policies within the ½ mile radius of the SMART station; and WHEREAS, the work is to be performed in accordance with the terms and conditions described in the scope of services, including the budget and schedule, attached hereto as Exhibit A; and
WHEREAS, the City has initially determined that 4Leaf Inc. (and their identified subconsultants) as qualified by experience and ability to perform the planning related services desired by the City, and 4Leaf Inc. is willing to perform such services and has continued to support this determination in approving the expanded scope of work and budget amendment; and WHEREAS, 4Leaf Inc., and their identified subconsultants, Rincon Consultants Inc., will conduct all the work as described and detailed in a Professional Services Agreement with the City; and
WHEREAS, the original Professional Services Agreement with 4 Leaf Inc. was proposed to run until approximately July 2024, with a not to exceed amount totaling $378,000, was previously amended to include an additional $44,597 to cover the costs of the additional analysis resulting in a new maximum not to exceed amount of $422,591 and is now being modified again to include the cost of Rincon conducting a water supply assessment as required under SB 610 and SB 211 for a total additional cost of $19,896 and to include a separate $5,000 contingency; and WHEREAS, the original Professional Services Agreement with Carollo and Associates (Carollo) was amended on August 13, 2024 to cover any costs associated with the additional analysis resulting in a new maximum not to exceed amount for the Carollo contract of $35,000; and
WHEREAS, City staff has reviewed the scope of services provided by Rincon and finds it to be fair, reasonable and likely to meet the City’s requirements and needs of the Santero Way Specific Plan rezoning process, and the related CEQA analysis and documentation for the SWSP Update.
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NOW THEREFORE BE IT RESOLVED the City Council of the City of Cotati does hereby:

1. Find that the foregoing recitals are true and correct and are hereby incorporated by reference.

2. Find that the action of contract approval does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

3. Approve the budget amendment and updated schedule for the Scope of Services identified in the attached Exhibit A, proposed by Rincon Consultants Inc., and authorizes the City Manager to execute any needed amendments to the Professional Services Agreement with 4Leaf Inc. for a new not to exceed contract amount of $442,487 and an overall not to exceed project cost of $482,487.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the September 24, 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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Rincon Consultants, Inc.
4825 J Street, Suite 200
Sacramento, California 95819
916-706-1374
www.rinconcons ultants.com
September 4, 2024
Rincon Project No. 22-13884
Luke Lindenbusch, Senior Planner
4LEAF, Inc.
2235 Mercury Way #120
Santa Rosa, California 95407
Via email: [email protected]
Subject: Request #2 for Add Services Request for the Santero Way Specific Plan Environmental Impact Report
Rincon Consultants, Inc. (Rincon) is requesting this scope amendment and budget augmentation to our existing agreement to assist the City of Cotati with continuing work on the Environmental Impact Report (EIR) for the Santero Way Specific Plan (SWSP) Update and Rezoning of Transit-Oriented Communities (TOC) Parcels (proposed project). The City of Cotati requested that Rincon prepare a Water Supply Assessment (WSA) to comply with Senate Bill (SB) 610 and SB 211. We are seeking a modification to our scope and budget to accommodate this additional task.

Add Services Request
Task 9.15: Water Supply Assessment
Under this task, Rincon will prepare a Water Supply Assessment (WSA) for the proposed project, to satisfy the requirements of California Water Code as amended by SB 610. In accordance with SB 610, a WSA is required for the project because it would introduce more than 500 new residential units or mixed uses with water demands comparable to a 500-unit residential development, and because groundwater would be used as a water supply source for the project. According to its 2022 Water Quality Report, the City met approximately 37 percent of its water demands in 2022 with local groundwater.

The City of Cotati’s drinking water supply is purchased from Sonoma County Water Agency (“Sonoma Water”) and produced from existing City wells in the Santa Rosa Plain Subbasin of the Santa Rosa Valley Groundwater Basin. Sonoma Water manages its supplies through implementation of an Urban Water Management Plan (UWMP), and the Santa Rosa Plain Subbasin is managed by the Santa Rosa Plain Groundwater Sustainability Agency (GSA) through implementation of a Groundwater Sustainability Plan (GSP). The WSA will be informed by the GSP for the Santa Rosa Plan Subbasin, as well as other published data and reports, including but not limited to the City of Cotati’s 2020 Water Demand Analysis and Water Conservation Measure Update, Sonoma Water’s 2020 UWMP, and Sonoma Water’s 2023 Water Shortage Assessment Report.

The WSA will quantify water demands associated with development under the proposed project. The WSA will also compare the proposed project to previously anticipated growth rates and associated water demands and calculate any differences between anticipated water demands and current conditions. The WSA will assess water supply availability and reliability for the proposed project over a 20-year planning horizon, including with consideration to varying climatic (drought) conditions. The WSA will be used to inform environmental analysis provided in the EIR for the project; as such, it will be attached to the EIR as an appendix and be subject to public review with the CEQA document. 24 of 175
City of Cotati
Santero Way Specific Plan EIR
2 Assumptions
• Water supply for the proposed project will be provided by the City of Cotati from existing sources through Sonoma Water and locally produced groundwater; no new wells or other sources would be introduced under the proposed project.
• Water demands associated with development under the proposed project will be provided to Rincon, or Rincon will use water demand factors to estimate demands based upon the type and extent of proposed land uses.
• Rincon will provide a Draft WSA and respond to one round of comments on the Draft WSA, with responses to all comments and associated revisions reflected in the Final WSA. • Comments on the Draft WSA will be provided to Rincon in a consolidated formal with internal questions or conflicts resolved.
• Deliverables will be provided electronically; no hard copies will be produced. • No field work or hydrologic modeling is necessary to support the WSA.

Add Services Fee Estimate
Our estimate for the costs to complete the additional requested tasks described above is $19,896.00.

With this amendment, our total contract value would be increased from $194,456.03 to $214,352.03.

We appreciate your consideration of this request to add services. If you have any questions or would like any additional information, please contact us at your convenience.

Sincerely,
Rincon Consultants, Inc.

Aileen Mahoney
Project Manager
Matt Maddox, AICP MESM
Principal
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: SECOND READING AND ADOPTION OF AN ORDINANCE
AMENDING CHAPTER 17.32 DENSITY BONUSES OF THE

COTATI MUNICIPAL CODE
Date: September 24, 2024
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended by the Community Development Department and the Planning Commission that the City Council conduct the second reading and adopt the ordinance amending Chapter

17.32 Density Bonuses of the Cotati Municipal Code.

Background
California Density Bonus law provides a mechanism for developers of residential housing projects to request additional units (above those allowed under the “base” density) in exchange for constructing a percentage of a project as deed restricted affordable housing. The general concept is that granting additional market rate units helps to offset the costs of providing the below market rate affordable housing units. Historically, the granting of density bonus was at the discretion of the individual cities/counties where the projects were being built.

The recent changes to statewide housing legislation intended to promote construction of additional housing have included several changes to the state density bonus law. Some of the most influential changes have included making granting of a density bonus required when a development meets certain criteria; expanding on the number of “incentives and concessions” from local development regulations developers may request to further support the construction of the affordable housing units; and modifying the percentages of affordable and market rate housing units that make up the density bonus formula.

Although changes at the state level are legally binding and affect all jurisdictions throughout the state, it is expected that each local jurisdiction adopt “implementing legislation” to incorporate these statewide requirements into local ordinances and municipal codes. This update to the City 26 of 175
of Cotati Density Bonus ordinance is in response to recent changes in state density bonus requirements.

On June 14, 2024, the Planning Commission held a public hearing to consider the proposed code changes and a resolution making a recommendation to the City Council regarding introduction of the ordinance. At this meeting the Planning Commission voted 4-0-1 (Commissioner Gilardi absent) to recommend the City Council adopt the draft ordinance.

On August 27, 2024, the City Council considered the draft ordinance and directed staff to make some minor revisions prior to introducing and conducting the first reading.

Analysis/Discussion
Project Description
City Council consideration, and second reading of a draft ordinance amending and updating Chapter 17.32 Density Bonuses of the Cotati Municipal Code to establish compliance with changes in state density bonus law.

Land Use and Planning Considerations
Historically, local regulations intended to implement state density bonus legislation were written to copy exactly the state law language including affordability formulas, parking requirements and the criteria for granting incentives and concessions for density bonus projects. Additional language specific to the jurisdiction’s process or unique elements was then added onto the copied language to make up a local ordinance. This approach generally worked because the requirements and regulations adopted by the state rarely changed so the jurisdiction’s versions of these regulations did not have to change often to remain in compliance.

However, in recent times, the state legislature has been focused on making significant changes to housing law in an effort to spur housing development and has continued to iterate on these changes as in subsequent years. With regards to state density bonus law, there have been no fewer than eight bills passed by the state legislature modifying these regulations since 2018 (SB 1227; SB 1085; SB 728; AB 634; SB 728; SB 290 (2021); AB 2345 and SB 290 (2022)). This constant change to the rules governing policies must be implemented through local amendments to adopted regulations using the ordinance process for local regulations to be in compliance.

Given the need for constant revision and limited staff resources, staff is proposing a change in how staff drafts, and the Council, adopts the required implementing legislation.

Rather than copy the language of state law verbatim, the ordinance before the City Council simply references the requirements of the state legislation. Further, this draft ordinance language does not identify the specific code sections of state law, rather it limits any references to state legislation to the subject matter being discussed (and does not identify the government code sections in question). The goal of this approach is that as the state legislation continues to be updated and reorganized in response to newly adopted bills at the state level, the adopted Cotati legislation will remain compliant. Staff is proposing this approach to keep the local regulations 27 of 175
compliant both in response to the pace of change at the state level, as well as the culture of compliance being prioritized by the Department of Housing and Community Development (HCD).

Separate from this “housekeeping” effort to update the City’s Density Bonus ordinance to ensure compliance with state law, the ordinance maintains the previously adopted “Mixed-Use Density Bonus”. Additionally, the proposed language codifies that the “land-trust” model is the City’s preferred method for managing the initial sale, re-sale and compliance monitoring of for-sale affordable housing units within the City of Cotati. This model essentially puts a non-profit land trust entity onto the title of below market rate units sold to qualifying residents. Having this additional entity on the title of the property ensures an agent of the City is involved with every transaction of that property. Codifying this model as the preference for managing the for-sale affordable housing stock within the City implements Housing Element Program 1-3 (Non-Profit and Agency Coordination) and Program 1-5 Preservation of Affordable Housing.

Lastly, at the direction of the Council staff removed any reference to the “Cotati Density Bonus”, discussed at the May 28, 2024, housing workshop and the August 28, 2024, Council meeting.

The Cotati Density Bonus will be brought back for consideration through a separate Ordinance which is focused purely on this change to the CMC.

IV. General Plan Consistency
The amendments to CMC Title 17 in the proposed ordinance are consistent with and will further established goals, policies, and implementation programs of the General Plan, including the Housing Element, to expand housing opportunities, conserve resources, and use land appropriately.

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

Program 1-8: Residential Building Decarbonization: Continue to permit and encourage mixed uses and higher densities on in-fill and vacant sites in Priority Development Areas (PDAs) with public serving facilities, such as medical clinics, schools, and grocery stores, to discourage sprawl and encourage short vehicle trips and/or alternative forms of transportation.

Program 3-1: Zoning for a Variety of Housing Types: Amend the City’s Zoning Code to use the maximum parking requirements in Government Code Section 65915 (State Density Bonus) for all multifamily projects without the need for any developer request by December 2023.

In addition, these amendments are consistent with and implement the following General Plan policies and programs:

Policy CON 2.1: Improve air quality through continuing to require a compact development pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.
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Policy LU 2.5: Locate medium and higher density housing within easy walking or bicycling distance of public facilities, services, transit, and major employers.

Policy LU 2.10: Encourage mixed-use, pedestrian-, and transit-oriented development, with a focus on the Hub and major corridors.

Staff Response: Staff finds that the proposed amendments to Chapter 17.32 Density Bonuses implement the above referenced Housing Element and General Plan policies in that additional density allowed in density bonus projects will increase incentives for in-fill development and provide additional residential units in close proximity to local amenities and employment opportunities; further support implementation of the density bonus parking allowances; support increased compact development and housing near local employment and supporting the use of alternative transportation methods; and further encourage mixed use and transit oriented development through clarifying the increased allowable density, including around the Hub and major corridors.

Planning Commission Review
During their June 17, 2024, review of the code changes, the Planning Commission was generally supportive of the changes and approach being recommended by City staff. In addition to supporting formally identifying the “land trust” model as the most appropriate for the City, Commissioners saw the benefits of the City providing incentives beyond those offered through the State Density Bonus program. Specifically, identifying the creation of a mechanism to gain compliance with Cotati development standards, providing options to secure a greater variety of affordable housing and allowing additional housing units to be constructed when the City determines it appropriate. After their discussion, the Commission voted 4-0 (one commissioner absent) to recommend the City Council adopt the ordinance. Given that the Cotati Density Bonus will be a separate ordinance, this change will be taken back to the Planning Commission for consideration and a recommendation prior to being brought to the Council for their review.

Financial Considerations
Other than the staff time to draft the ordinance, there are no direct impacts to the general fund anticipated as a result of adopting the proposed ordinance.

Environmental Issues
In conformance with California Environmental Quality Act (CEQA), the Community Development Department, Planning Division staff finds that the proposed amendments to the Cotati Land Use Code related to density bonus are consistent with and implement the goals, policies, and objectives of the 2015 General Plan, the 2023-2031 Housing Element and state density bonus law. Given this staff finds that these proposed revisions conform to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the project by tiering from the program level analysis prepared for the Cotati General Plan and its certified EIR, and other previously completed environmental analysis. Section 15183 of the 29 of 175
CEQA Guidelines mandates that projects which are determined to be consistent with the development expectations established by existing zoning, community plan, or general plan policies for which an EIR was certified, shall not require additional environmental review, except as might be necessary to examine project-specific significant effects which are peculiar to the project or its site. This focused analysis should be limited to potential environmental impacts of the project not anticipated or analyzed in the Cotati General Plan’s program level EIR.

Staff finds that all adopted mitigating General Plan policies, mitigation measures identified in the 2015 General Plan EIR and Housing Element Mitigated Negative Declaration will address any potential environmental impacts of the proposed code changes. Further, these changes are being mandated by updates to state density bonus law and future project-specific environmental analysis of any housing development proposed under the amended Code will be required and will allow project-specific impacts not previously identified or anticipated to be addressed.

Summary and Staff Recommendation
It is recommended by the Community Development Department and the Planning Commission, that the City Council review and conduct the second reading of the proposed ordinance amending Chapter 17.32 Density Bonuses of the Cotati Municipal Code. 30 of 175
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING CHAPTER 17.32 DENSITY BONUSES OF THE COTATI MUNICIPAL CODE TO

ESTABLISH CONSISTENCY WITH CHANGES IN STATE DENSITY BONUS LAW,

AND IDENTIFY THE LAND-TRUST MODEL IS THE PREFERRED METHOD FOR

MANAGING FOR-SALE AFFORDABLE HOUSING UNITS
WHEREAS, on March 24, 2015, the Cotati City Council adopted its updated General Plan (Resolution No. 2015-12), which identifies the City’s vision for the future and provides a framework to guide decisions on growth and development consistent with the quality of life desired by Cotati citizens. On March 24, 2015, the Cotati City Council also certified the City of Cotati General Plan Environmental Impact Report (EIR), which reviewed potentially significant environmental effects resulting from the plan’s implantation and developed measures and policies to mitigate those impacts to less-than-significant levels; and
WHEREAS, on May 24, 2023, the Cotati City Council adopted the 2023-2031 Housing Element Update to the General Plan (“Housing Element”), which includes goals and policies related to housing, including establishment of objective design standards for multifamily plex and single family housing, and facilitation of increased housing development; and WHEREAS, as described in the Housing Element, Cotati’s population increased 4.4% between 2010 and 2020, compared to the population of Sonoma County as a whole, which increased only 1% between 2010 and 2020, and this growth may increase housing demand in Cotati; and WHEREAS, one of the purposes of the Cotati Municipal Code is to codify mandates in state law and set the standards for implementation of said mandates in order to ensure consistent implementation of the law in Cotati; and
WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on June 17, 2024, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed ordinance adopting amendments to update the Cotati municipal code to meet the changes in state density bonus regulations and provide local density bonus alternatives. After receiving the staff report, reviewing a presentation from the Planning Division, and considering all oral and written comments submitted to the City regarding the Ordinance, the Planning Commission voted to approve a resolution recommending adoption of the proposed ordinance; and
WHEREAS, based on the record, the City Council finds that the proposed zoning code amendments are consistent with and facilitate the General Plan. 31 of 175
WHEREAS, on August 27, 2024, the City Council of the City of Cotati held a duly noticed public hearing on the proposed ordinance to establish amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish consistency with state density bonus law and establish local density bonus allowances and implementation requirements, received the staff report, reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the Ordinance prior to voting to introduce the Ordinance.

WHEREAS, on September 24, 2024, the City Council of the City of Cotati held a duly noticed public meeting on the proposed ordinance to establish amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish consistency with state density bonus law and establish local density bonus allowances and implementation requirements, received the staff report, and reviewed all other presented information from the Planning Division, and considered all oral and written comments submitted to the City regarding the Ordinance prior to voting to conduct the second reading of the Ordinance.

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

SECTION 1: Recitals.

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

SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, 3) the 2023-2031 Housing Element Update adopted by the City Council in 2023, 4) the Mitigated Negative Declaration certified for the 2023-2031 Housing Element, 5) all staff reports, City files and records, and other documents prepared for and/or submitted to the City Council related to adoption of the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish consistency with state density bonus law and create expanded local density bonus allowances.

SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish consistency with state density bonus law and establish local density bonus allowances, as set forth in this Ordinance, are in the best interest of the City in that they will further established goals, policies, and implementation programs of the General Plan, including the Housing Element, to expand housing opportunities, conserve resources, and use land appropriately.

Specifically, the proposed amendments to Chapter 17.32 Density Bonuses implement the below referenced Housing Element and General Plan policies in that partnering with a land-trust for the monitoring of affordable housing units reduces the administrative burden on the city and ensures consistency in the implementation of affordable housing requirements; additional density allowed in density bonus projects will increase incentives for in-fill development and provide additional residential units in close proximity to local amenities and employment opportunities; these 32 of 175 changes will further support implementation of the density bonus parking allowances; the changes will support increased compact development and housing near local employment and supporting the use of alternative transportation methods; and the updated language will further encourage mixed use and transit oriented development through clarifying the increased allowable density, including around the Hub and major corridors.

Program 1-3: Non-Profit and Agency Coordination: Continue working with and develop new relationships with local agencies, non-profit housing providers and local organizations.

Program 1-5: Preservation of Affordable Housing: To Facilitate the preservation of deed restricted and other existing affordable housing, and protect residents from displacement, the City will continue to monitor affordable housing developments, facilitate the acquisition of expiring properties and conduct outreach to property owners.

In addition, these amendments are consistent with and implement the following General Plan policies and programs in that they will increase the allowable density of residential development; put these additional units within closer proximity to multi-modal transportation infrastructure and support the development of mixed-use projects by allowing additional density increase beyond those allowed at the state level:

Policy LU 2.5: Locate medium and higher density housing within easy walking or bicycling distance of public facilities, services, transit, and major employers.

Policy LU 2.10: Encourage mixed-use, pedestrian-, and transit-oriented development, with a focus on the Hub and major corridors.

SECTION 4: Compliance with the California Environmental Quality Act.

In conformance with California Environmental Quality Act (CEQA), the City Council finds that the proposed amendments to the Cotati Land Use Code related to density bonus are consistent with and implement the goals, policies, and objectives of the 2015 General Plan, the 6th Cycle Housing Element and state density bonus law and therefore finds that these proposed revisions conform to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the project by tiering from the program level analysis prepared for the Cotati General Plan and its certified EIR, and other previously completed environmental analysis.

The Council further finds that all adopted mitigating General Plan policies, mitigation measures 33 of 175
identified in the 2015 General Plan EIR and Housing Element Mitigated Negative Declaration will address any potential environmental impacts of the proposed code changes. Further, these changes are being mandated by updates to state density bonus law and future project-specific environmental analysis of any housing development proposed under the amended Code will be required and will allow project-specific impacts not previously identified or anticipated to be addressed.

SECTION 5: Amendment to the Cotati Municipal Code. Chapter 17.32 is amended to read as follows:

Chapter 17.32

DENSITY BONUSES
Sections:

17.32.010 Purpose.

17.32.020 Eligibility for bonus, incentives or concessions.

17.32.030 Allowed density bonuses.

17.32.040 Allowed incentives or concessions.

17.32.050 Parking requirements in density bonus projects.

17.32.060 Bonus and incentives for housing with child care facilities.

17.32.070 Continued availability.

17.32.080 Location and type of designated units.

17.32.090 Processing of bonus requests.

17.32.100 Density bonus agreement.

17.32.110 Control of resale.

17.32.120 Judicial relief, waiver of standards.

17.32.010 Purpose.

State Density Bonus Law (SDBL) and the City of Cotati Density Bonus Ordinance (DBO) allows developers to build more residential units than the maximum allowable density in order to incentivize the construction of housing affordable to very-low income, low-income, moderate income, senior, and other qualifying households. As required by CA Government Code Section 65915 et seq., this chapter offers density bonuses, and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified therein. 17.32.020 of this chapter. This chapter is intended to implement the requirements of the CA Government Code Section 65915 et seq. (including as modified from time to time), and the housing element of the Cotati general plan, with regards to density bonus requirements. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.020 Eligibility for bonus, incentives or concessions.

SDBL requires “concessions, incentives and “waivers” be granted to qualifying projects in addition to a density bonus. The city shall grant one density bonus, as specified in CA Government Code Section 65915 et seq., the amount of which shall be based on the proposed number and affordability levels of the base units. If requested by the applicant and consistent with the applicable requirements, incentives, concessions, waivers, reductions of development standards, and parking ratios or other modification 34 of 175
to City development criteria necessary to facilitate the construction of the affordable housing units, shall be granted to density bonus projects, as required.

A. Resident Requirements. The housing development shall be designed and constructed so that specific percentages of deed restricted affordable housing units are incorporated into the design and construction of the project.

B. Density bonus units granted in compliance with this chapter shall not be included when determining the number of housing units that is equal to the percentages of below market rate units required.

C. Minimum Project Size to Qualify for Density Bonus. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units.

D. Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements identified in CA Government Code. (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

E. The units described in this section are subject to a recorded affordability restriction of 55 years.

17.32.030 Allowed density bonuses.

The amount of a density bonus allowed in a housing development shall be determined by state density bonus and other applicable housing law.

A. Density Bonus. A housing project that complies with the eligibility requirements identified in CA Government Code shall be entitled to density bonuses as identified therein.

B. Bonus for Condominium. A density bonus for a condominium project that complies with the eligibility requirements of CA Government Code and of this chapter shall be eligible for density bonus in keeping with the requirements and criteria therein. .

C. Senior Housing Density Bonus. For housing developments meeting the criteria of state density bonus law specific to senior housing developments, the city shall grant a density bonus increasing the the number of senior housing units as required therein.

D. Mixed Use Density Bonus. For mixed-use projects meeting the mixed use development criteria and Objective Design Standards (ODS) adopted by the City, the city council, at its sole discretion, may grant up to one hundred percent residential density bonus to facilitate and support the development of commercial elements within a mixed-use or commercial zoning district.

E. Greater or Lesser Bonuses. The city may choose to grant a density bonus greater than provided by this section and state density bonus law for a development that meets the requirements of this section or grant a proportionately lower density bonus than required by this section for a development that does not comply with the requirements of this section and/or the requirements and allowances of state density bonus law.

1. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city shall grant to the commercial developer a 35 of 175 development bonus as prescribed in state Government Code governing allowed incentives or concessions.

F. Density Bonus Calculations. The calculation of a density bonus that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

G. Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

H. Location of Bonus Units. The developer may locate density bonus units in geographic areas of the housing development other than the areas where the units for the lower income households are located, in keeping with the requirements and allowances of state density bonus law. (Ord. 918 § 7, 2023; Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

17.32.040 Allowed incentives or concessions.

A. If requested by the applicant and consistent with the applicable requirements, the City shall grant incentives or concessions, waivers or reductions of development standards, and parking ratios if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded, pursuant to state Government Code and based on the proposed affordability levels and percentage of project units. The council shall not be required to grant an incentive or concession request if the council makes either of the following findings in writing, based upon substantial evidence:

1. The incentive or concession is not required to provide for affordable housing costs, as defined in state Health and Safety Code or for rents for the targeted units to be set as specified in affordability categories as defined in state housing law; or

2. The incentive or concession would have a specific adverse impact, as defined in Government Code upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

B. Number of Incentives. The applicant shall receive the number of incentives or concessions as required under state density bonus law.

C. Type of Incentives. For the purposes of this chapter, concession or incentive means any of the following:

1. A reduction in the site development standards of this land use code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements, or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;
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2. Approval of mixed-use zoning not otherwise allowed by this land use code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

3. Other regulatory incentives proposed by the developer or the city that will result in identifiable, financially sufficient, and actual cost reductions; and/or

4. In its sole and absolute discretion, a direct financial contribution granted by the council, including writing-down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

D. Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

17.32.050 Parking requirements in density bonus projects.

A. Applicability. This section subdivision applies to a development that meets the requirements of state density bonus law, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in state density bonus law in compliance with the allowed incentives or concessions of this chapter and applicable state legislation.

B. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

C. Location of Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. (Ord. 918 § 11, 2023; Ord. 766 § 2 Exh. A (part), 2004).

17.32.060 Bonus and incentives for housing with childcare facilities.

A housing development that complies with the resident and project size requirements of this chapter, and also includes as part of that development a childcare facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements:

A. Additional Bonus and Incentives. The city shall grant a housing development that includes a childcare facility in compliance with this section either of the following:

1. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or

2. An additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B. Requirements to Qualify for Additional Bonus and Incentives. The city shall require, as a condition of approving the housing development, that: 37 of 175

1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 17.32.070 (Continued availability) of this chapter; and

2. Of the children who attend the child care facility, the parents of very low-income households, lower-income households, or families of moderate income shall be offered a discount equal to the percentage of reduced rent offered to them as residents of affordable housing units that are required for very low-income households, lower-income households, or families of moderate income in compliance with this chapter.

The city shall not be required to provide a density bonus for a childcare facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.070 Continued availability.

A. Duration of Affordability. The applicant shall agree to, and the city shall ensure the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows:

1. Lower-, Low-, and Moderate-Income Units. The continued availability of lower, low, and moderate income qualifying units shall be maintained for fifty-five (55) years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

B. Rent Cost Requirements. The rents charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this section:

1. Lower Income Units. Thirty percent of eighty percent of the area median income, for units targeted for lower-income households, as defined in Health and Safety Code; and

2. Very Low-Income Units. Thirty percent of fifty percent of the area median income, for units targeted for very low-income households, as defined in state Health and Safety Code; and

3. Moderate Income Units. Thirty percent of one hundred and twenty percent of the area median income for units targeted for moderate income households, as defined in state Health and Safety Code.

17.32.080 Location and type of designated units.

A. Location/Dispersal of Units. As required by the council in compliance with this chapter, designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.

B. Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units or phased in another sequence acceptable to the city. (Ord. 766 § 2 Exh.

A (part), 2004). 38 of 175

17.32.090 Processing of bonus requests.

A. Permit Requirement. A request for a density bonus and other incentives shall be evaluated and decided in compliance with this title and state density bonus law.

B. Findings for Approval. In addition to the findings required by state density bonus law, the city shall make all of the following additional findings:

1. The residential development will be consistent with the general plan, except as provided by density bonus law, and other incentives and concessions;

2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter and state density bonus law; and

4. There are sufficient provisions to guarantee that the units will remain affordable for the required 55-year time period. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.100 Density bonus agreement.

A. Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus and affordability agreement (“agreement”) with the city in the city’s standard form of agreement.

B. Agreement Provisions.

1. Project Information. The density bonus agreement shall include at least the following information about the project:
a. The total number of units approved for the housing development, including the number of designated dwelling units;
b. A description of the household income groups to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD guidelines, as required;
c. The marketing plan for the affordable units, using the City’s preferred entity and/or land trust non-profit entity for for-sale units;
d. The location, approximate unit sizes (square feet), and number of bedrooms of the designated dwelling units;
e. Tenure of the cost restrictions for designated dwelling units of the time periods required by Section 17.32.070 (Continued availability) of this chapter; f. A schedule for completion and occupancy of the designated dwelling units; 39 of 175 g. A description of any additional incentives being provided by the city; h. A description of the remedies for breach of the density bonus agreement by the owners, developers, and/or successors-in-interest of the project; and i. Other provisions to ensure successful implementation and compliance with this chapter.

2. Minimum Requirements. The density bonus agreement shall provide, at minimum, that:
a. The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value; b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city; c. When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for moderate, low- and very low-income households, as applicable and published by HUD (where required); d. The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
e. Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
f. In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city’s costs of action including legal services; and g. Compliance with the agreement will be monitored and enforced according to measures included in the agreement.

3. For-Sale Housing Conditions. In the case of for-sale housing developments, the density bonus and/or affordability agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
a. Designated dwelling units shall be owner-occupied by eligible households, and/or by qualified residents in the case of senior housing; and
b. That the city’s preferred method of managing and administering for-sale affordable housing units is via the use of a land-trust based not for profit organization who takes primary responsibility for administering the marketing, management, sale and future transfer of below-market rate units within the city.
c. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which: 40 of 175
i. Restricts the sale of the unit in compliance with this chapter during the applicable use restriction period,
ii. Contains provisions as the city may require to ensure continued compliance with this chapter and state law, and
iii. Shall be recorded against the parcel containing the designated dwelling unit.

4. Rental Housing Conditions. In the case of a rental housing development, the density bonus agreement shall provide for the following conditions governing the use of designated dwelling units during the use restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;
c. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and d. The applicable use restriction period shall comply with the time limits for continued availability in Section 17.32.070 (Continued availability) of this chapter.

C. Execution of Agreement.

1. Following council approval of the density bonus agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the county recorder’s office.

2. The approval and recordation shall take place at the same time or prior to the final map or, where a map is not being processed, before issuance of building permits for the units.

3. The agreement shall be binding to all future owners, developers, and/or successors-in-interest. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.110 Control of resale.

In order to maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply:

A. The price received by the seller of an affordable unit shall be limited to an amount consistent with an increase in the purchase price based on the percentage of the appreciation in the Area Median Income for Sonoma County as published by the California Department of Housing and Community Development (HCD) for the applicable affordability level since the date of purchase, or the fair market value, whichever is less. Prior to offering an affordable housing unit for sale, the seller shall provide written notice to the city of their intent to sell. The notice shall be provided by certified mail to the director of the Community Development Department. 41 of 175
B. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least ninety days from the date of the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers (unless reduced by the City). Home ownership affordable units shall be sold and resold from the date of the original sale only to households determined to be eligible for affordable units by the city according to the requirements of this section. The seller shall not levy or charge any additional fees nor shall any “finder’s fee” or other monetary consideration be allowed other than customary real estate commissions and closing costs.

C. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the city, stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the city (or its designee) the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section.

D. The city shall monitor the resale of ownership affordable units. The city or its designee shall have a ninety-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the city for appropriate action. (Ord. 766 § 2 Exh. A (part), 2004).

17.32.120 Judicial relief, waiver of standards.

A. Judicial Relief. The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession.

B. Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions.

1. As required by Government Code , the city will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Section 17.32.020(A) at the densities or with the concessions or incentives permitted by this chapter and/or state density bonus law.

2. An applicant may submit to the city a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side yard setbacks, placement of public works improvements, or other standards allowed under state density bonus law.

3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

C. City Exemption. Notwithstanding the provisions of subsections A and B of this section, nothing in this section shall be interpreted to require the city to:

1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse impact, as defined in applicable Government Code Sections, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
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2. Grant a density bonus, incentive or concession, or waive or reduce development standards, that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Ord. 766 § 2 Exh. A (part), 2004).

SECTION 6: Construction and severability.

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

SECTION 7: Effective date.

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

SECTION 8: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

Approved:

Mayor
Attest:

Kevin Patterson, Deputy City Clerk
Approved as to form:

John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806 Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ACCEPT THE FISCAL YEAR 2023-2024 ANNUAL REPORT OF DEVELOPMENT IMPACT FEE (AB1600)
Date: September 24, 2024
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council adopt a resolution accepting the fiscal year 2023-24 annual reports of development impact fee activity.

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

Analysis/Discussion
Each local agency is required, within 180 days after the last day of each fiscal year, to make available to the public the following information:
• A brief description of the type of fee in the accounts; and • The amount of fees collected and the interest earned; and • The beginning and ending balance of the accounts; and 44 of 175
• Identification of each public improvement on which fees were expended; and • The amount of expenditure for each public facility or improvement made from the account during the year; and
• Other specified information as applicable.

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

Exhibit A to the resolution includes tables showing the change in fund balance/working capital, revenues, and expenses for fiscal year 2023-24 as well as a description of each the development fee types, and a schedule of the development fees. No interfund transfers or loans were made from any of the identified accounts during this fiscal year. There were no refunds of development impact fees collected, pursuant to Government Code Section 66001(e), nor were there any allocations of unexpended revenues collected, pursuant to Government Code Section 66001(f).

Financial Considerations
Not applicable.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
ACCEPTING THE FISCAL YEAR 2023-2024 ANNUAL REPORTS OF
DEVELOPMENT IMPACT FEES (AB 1600 REPORT)
WHEREAS, the City of Cotati imposes fees to mitigate the impact of development pursuant to Government Code Section 66000 et seq.; and
WHEREAS, said fees collected are deposited into separate special and capital accounts for each type of improvement funded by development fees; and WHEREAS, the City maintains separate funds for traffic mitigation, park in lieu, and inclusionary housing:

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

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

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

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

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

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

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

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

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on September 24, 2024, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
47 of 175
City Attorney
48 of 175
205 206 216
Traffic
Mitigation Park in-Lieu Inclusionary Housing
Beginning Balance 07/01/23 $ 662,254 $ 88,632 $ 3,086,138 Revenues
Interest Earnings 36,023 4,807 92,236
Fees 7,255 - 4,083
Total Revenues 43,278 4,807 96,319
Expenditures - - 1,667,283
Excess of Revenue Over/(Under)
Expenditures 43,278 4,807 (1,570,963)
Ending Balance 06/30/24 $ 705,532 $ 93,439 $ 1,515,175
- - 739,003
Available Ending Balance 06/30/24 $ 705,532 $ 93,439 $ 2,254,178 Expenditures/
Transfers
Est % Funded by
Impact Fees
216 -- Inclusionary Housing $ 1,667,283
Purchase of Land Held for Resale 1,650,000 99%
July 1, 2023 through June 30, 2024
Annual Report on Developers' Funds Per GC 66000
Analysis of Changes in Fund Balance/Working Capital
July 1, 2023 through June 30, 2024
Annual Report on Developers' Funds Per GC 66000
Expense Report
Outstanding Interfund Loan Receivable
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF PAYMENT FOR EMERGENCY SEWER

REPAIR WORK IN OLD REDWOOD HIGHWAY TO

ARGONAUT CONTRACTORS AND APPROPRIATIONFROM

SEWER CAPITAL ENTERPRISE FUND
Date: September 24, 2024
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council by resolution approve payment to Argonaut Contractors in the amount of $44,977 for expenses incurred for the emergency replacement of approximately 60 feet of 6-inch diameter sewer in Old Redwood Highway and appropriation of $49,477, including Construction Management and Inspection costs incurred by GHD, Inc., from the unappropriated funds in the Sewer Operating Fund.

Background
The City owns, operates, and maintains a sewer collection system consisting of four lift stations and approximately 32 miles of pipeline. The City strives to maintain the system and includes condition assessments and repair and replacement projects in its Capital Improvements Program.

However, the system is aging, and some failures do happen, and these failures require emergency repairs that are not budgeted due to their being unanticipated. In these instances, emergency work is authorized at the City Manager level with City authorization to occur later.

Analysis/Discussion
On July 19, 2024, the Public Works Superintendent became aware of debris restricting flow in the 6-inch diameter gravity sewer pipeline in Commerce Boulevard near 7700 Old Redwood Highway. The Superintendent vacuumed pea gravel from the pipeline and had the section of pipeline videotaped. The video tape footage revealed missing sections of pipeline and damaged and offset joints over a 60-foot length extending north from the 7700 Old Redwood Highway property. The City Engineer was notified, and a contractor was contacted with arrangements to 50 of 175
replace the 60 feet of sewer on Wednesday July 24, 2024.

Sewer repairs were made, and, on July 25, 2024, the work was determined to be completed in accordance with City standards by the City’s contract Construction Manager, the Superintendent, and the City Engineer. The work consisted of removal and replacement of the existing pipeline, backfilling and paving the trench section. The City has been invoiced for the work and Staff is requesting, after the fact, authorization for the work and appropriation of unappropriated Sewer Enterprise funds to fund the construction and Construction Management costs.

Financial Considerations
The work was performed by Argonaut Constructors for $44,977, and Construction Management was conducted by GHD, Inc. for an amount of $4,500. The total requested appropriation from the Sewer Operating Enterprise fund (404) is $49,477. This leaves a budgetary estimated ending fund balance of approximately $955,000 for the sewer operating fund for fiscal year 2024/25.

Environmental Issues
This action is found to qualify for a Class 1 Categorical Exemption under CEQA Section 15301 in that the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. 51 of 175
RESOLUTION NO. (XX)

RESOLUTION OF THE COUNCIL OF THE CITY OF COTATI

APPROVING PAYMENT TO ARGONAUT CONTRACTORS FOR

EMERGENCY SEWER REPAIR WORK IN OLD REDWOOD HIGHWAY
AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $49,477,

INCLUDES CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES PROVIDED BY GHD, INC, FROM FUNDS IN THE SEWER

CAPITAL ENTERPRISE FUND
WHEREAS, the City owns, operates, and maintains a sewer collection system consisting of four lift stations and approximately 32 miles of pipeline, and the City strives to maintain the system and includes condition assessments and repair and replacement projects in its Capital Improvements Program, however, the system is aging, and some failures do happen, and these failures require emergency repairs that are not budgeted due to their being unanticipated, and in these instances, emergency work is authorized at the City Manager level with City authorization to occur later; and
WHEREAS, on July 19, 2024, the Public Works Superintendent became aware of debris restricting flow in the 6-inch diameter gravity sewer pipeline in Commerce Boulevard near 7700 Old Redwood Highway, and the Superintendent vacuumed pea gravel from the pipeline and had the section of pipeline videotaped; and
WHEREAS, the video tape footage revealed missing sections of pipeline and damaged and offset joints over a 60-foot length extending north from the 7700 Old Redwood Highway property, and the City Engineer was notified, and a contractor was contacted with arrangements to replace the 60 feet of sewer on Wednesday July 24, 2024; and WHEREAS, sewer repairs were made, and, on July 25, 2024, the work was determined to be completed in accordance with City standards by the City’s contract Construction Manager, the Superintendent, and the City Engineer; and; and
WHEREAS, the work consisted of removal and replacement of the existing pipeline, backfilling and paving the trench section, and the City has been invoiced for the work and Staff is requesting, after the fact, authorization for the work and appropriation of unappropriated Sewer Enterprise funds to fund the construction and Construction Management costs; and WHEREAS, the work was performed by Argonaut Constructors for $44,977, and Construction Management was conducted by GHD, Inc. for an amount of $4,500, and the total requested appropriation from the Sewer Operating Enterprise fund (404) is $49,477, and this leaves a budgetary estimated ending fund balance of $955,000 for the sewer operating fund for fiscal year 2024/25; and
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WHEREAS, this action is found to qualify for a Class 1 Categorical Exemption under CEQA Section 15301 in that the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use.

NOW THEREFORE BE IT RESOLVED, that the Council of the City of Cotati hereby determines:

1. The recitals stated above are true and correct, and

2. Payment to Argonaut Contractors is approved for Emergency sewer repair work in Old Redwood Highway for an amount of $44,977, and

3. Construction Management was conducted by GHD, Inc. for an amount of $4,500; and

4. Authorize the City Manager or designee to appropriate funds in the amount of $49,477 for this work from the Sewer Capital Enterprise Fund.

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 September 24, 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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August 14, 2024
360 Sutton Place, Santa Rosa, CA
Argonaut Job 707-542-4862
SJ24-005 Emergency 6" Sewer Replacement at 7700 Old Redwood Hwy Attn: Craig Scott
Re: Extra Work
Craig,
Attached please find the billing report for the above referenced project. Please see the detail below for a breakdown of report:

Contract
Days Argonaut Extra Work # Billing # Description Total

7.24.24 6" Sewer Repair - Old
Redwood Hwy

7.25.24 6" Sewer Repair - Old
Redwood Hwy
89002-800
89002-800
5 6
$ 28,532.66
$ 16,443.68
Total
Total Due
$
$
44,976.34
44,976.34
Our monthly billing sheet will reflect the above referenced work. If you have any questions or require additional information please contact this office.

Additional Contract Days Requested =
Sincerely,
Kyler Hakola
Project Manager
Argonaut Constructors
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: APPOINTMENT OF A LIBRARY COMMISSONER
Date: September 24, 2024
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the Mayor nominate a Cotati representative on the Sonoma County Library Commission, and that the City Council adopt a motion to ratify the Mayor’s nomination.

Background
The Library Commission provides governance for the Sonoma County Library; establishes policy; sets goals and objectives; hires and evaluates the director; establishes and monitors the annual budget; signs necessary contracts; exercises such other powers, consistent with the law to foster the effective use and management of the library. Sonoma County residence is required and preference is generally given to applicants who reside within Cotati city limits. The term is for 4 years.

Analysis/Discussion
The City Council appointed Cyan McMillan at the May 9, 2023 regular City Council meeting as a representative to the Sonoma County Library (SCL) Commission, to serve the remainder of a 4-year term. Mr. McMillan chose not to seek re-appointment to the SCL Commission at the end of his term.

The Library Commission opportunity was advertised on the City website and the Sonoma County Library website. Three applications were received, from Malia Anderson, Gillian Kendalol, and Tina Poles.

The seat will be filled through appointment by the Mayor and ratification by the City Council.

The appointment term will run until August 2028.
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Financial Considerations
There are no fiscal impacts to the City by filling the vacant Committee position.

Environmental Issues
Making appointments to a commission does not constitute a project under the California Environmental Quality Act.
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From: NAACP Santa Rosa - Sonoma County <[email protected]> Sent: Wednesday, August 21, 2024 11:23 AM
To: Damien O'Bid <[email protected]>; Laura Sparks <[email protected]> Subject: Library Commission - Malia Anderson
CAUTION:EXTERNAL SENDER
If suspicious, do not click on links, open attachments, or provide credentials and report it by using the "Phish Alert Report" button.

Good Morning City Manager O'Bid and Mayor Sparks,
I am reaching out to follow up on an application to the Library Commission submitted by Malia Anderson.

As indicated in her application, Malia is not only deeply invested in libraries, she is deeply connected to the community and ensures that both are connected.

As an active member and leader within our branch, Malia is constantly designing and envisioning ways to connect business leaders and her clients to the resources available through our library system. It is this connection that allowed for us to work with the Library foundation and have Ms. Thaibult and Mr. Holley speak at our last membership meeting.

We are also keenly aware that there is a lack of diversity and representation on the Library Commission and we hope you will see her as an asset to model Cotati's commitment to engaging voices who are not often heard from or engaged and as a strong representative of your city's needs and desires.

We hope the City of Cotati will join the Sonoma County Library system in taking the steps towards ensuring all members of our county-community are connected, reflected, and engaged in programs and services. Especially those who know and love libraries in the way Malia does.
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Please let me know if you'd like to discuss further, but I feel strongly about her dedication to community service and know her love for libraries makes her a strong representative of your community.
best,
Kirstyne
Kirstyne Lange
she/her
President, Santa Rosa - Sonoma NAACP
707.536.1047 | naacpsantarosasonomaco.org
[email protected]
PO Box 3964 Santa Rosa, CA 95402
Sign up for our Newsletter
Please consider your environmental responsibility. Before printing this e-mail message, ask yourself whether you really need a hard copy.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT

WITH MARK THOMAS & COMPANY, INC FOR DESIGN
SERVICES FOR THE HIGHWAY 116/WEST COTATI AVENUE

INTERSECTION SAFETY IMPROVEMENTS PROJECT AND

AUTHORIZING APPROPRIATION OF FUNDS FOR THE

PROJECT
Date: September 24, 2024
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the Council of the City of Cotati adopt a resolution approving a Professional Services Agreement with Mark Thomas & Company, Inc. for design services for the Project, authorizing the City Manager to execute said Professional Services Agreement and approve any needed amendments up to the approved budget amount, and approving the appropriation of funds to the Project account
Background
The intersection of West Cotati Avenue and Highway 116 has long been a safety concern as it serves the West side of town and is off a busy two-lane highway. The City continues to pursue grant funds to improve the intersection and is included in the City’s Traffic Impact Fee Program.

The intersection was included in the previous developer funded Caltrans Highway 116 Widening Project, for which plans were completed in 2009. However, due to the financial crash at that time, the developments did not move forward and the Highway 116 improvements were not completed.

Improving the intersection remains a priority for the City, and in 2021, the City included the Project as one of five projects submitted to the Sonoma County Transportation Authority to prioritize for grant funding opportunities. Additionally in 2021, the City completed its Local Road Safety Plan which identified the intersection improvements as a priority safety project, and, in 2024, the City adopted its Active Transportation Plan which also includes the Project as a high 105 of 175
priority. The improvements are envisioned to move ahead in tandem with the recently entitled Cotati Villages 1 and 2 development projects which are to add a total of 303 rental units. The private developments are dependent upon the proposed Project improvements being constructed and impact fees for those projects are to be applied to the Project. Additionally, the City has been successful in obtaining Federal and State funds to partially fund Project construction.

On October 25, 2022, City Council approved professional services agreements to complete the environmental review and 35 percent design for the Project. Those efforts are now complete and on September 10, 2024, City Council approved the Environmental Review and, on September 17, 2024, Staff filed the Project’s Notice of Exemption with the County Clerk.

Analysis/Discussion
The City‘s Engineering Department issued a Request for Qualifications and, in August 2024, received qualifications from several engineering firms. Upon review of the qualifications, Staff determined Mark Thomas & Company, Inc. to be the most qualified to provide the requested services for the Project. The firm has extensive prior experience for similar projects that require navigating the Caltrans approval process and working with resource agencies. Additionally, Mark Thomas was part of the consultant team that developed the 35 percent of design drawings for the Project. Therefore, Staff requested, and Mark Thomas provided a proposal to complete design, obtain Caltrans project approvals including the encroachment permit, and prepare bid documents for the Project. The effort includes obtaining all foreseeable permits and clearances for construction including a property swap needed for the intersection. With the services beginning this month, bidding is projected to occur sometime in early 2026.

The Mark Thomas proposed scope of services is attached and is to take the 35 percent design to 100 percent and obtain all necessary State and Federal project approvals. Design scope items include the typical project management, surveys and mapping, utility coordination, right of way acquisition, drainage and geotechnical studies and, of course preparing the final plans and bid documents. Because the Project is within the Caltrans right-of-way, Caltrans needs to approve the Project and issue an encroachment permit. Caltrans being involved adds significantly to the project scope and is the primary driver increasing costs. Staff and the consultant believe the Project qualifies for the “streamlined” Design Engineering Evaluation Report (DEER) process to obtain project approval. This is an extensive process requiring many added steps and approvals by a dozen or more Caltrans Divisions. Many tasks identified as “Optional” are included in the proposal fee but are determined at the discretion of Caltrans. Upon completion of the scope of services, the Project would be cleared to be advertised for bidding and Caltrans approvals would have been obtained to allow construction to begin.

On September 10, 2024, Staff had also recommended that City Council approval of the 100 percent Design Agreement. However, due to the total potential cost of the proposed time and materials based agreement, the City Council directed staff to bring the item back with a billable rate cost comparison to other consulting firms with Caltrans experience. Staff has prepared this comparison, contained herein.
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A cost comparison was completed based on the range of hourly rates for other design firms with known Caltrans experience. Two other engineering consulting firms were identified as the next best qualified from the August 2024 Request for Qualifications selection process. For the evaluation, the number of hours for each task was held constant and the respective hourly rates were applied to develop a comparison. While this is necessary for comparison purposes, different firms may have different approaches in accomplishing the work. Additionally, the markup on subconsultants, other fees, and increased time and startup costs for other consultants was also evaluated.

To evaluate the impact of hourly rates on the contract cost, City Staff requested hourly rate tables of the two other consulting firms. The Mark Thomas hours per task per team member table is included with their proposal, attached. The tables for all firms had a low and high range for each job classification. Because the job titles varied between consultants, the job roles were matched based on the City’s understanding of their respective roles and responsibilities. If there was no comparable job classification between firms, the City used the Mark Thomas rate as a placeholder number for that job classification to roll up the total projected cost.

All firms had comparable project manager and engineering roles, which constituted the the bulk of the proposed hours, so this was separately broken out in the table below to run a comparison without any placeholder job classifications. The proportion between low and high (placement in the range) for the Mark Thomas proposal was applied to the range for the other companies to determine likely equivalent hourly rates.

Below is a summary of the resulting comparison.

Company Total (Excluding Subconsultants) PM/Engr Only
Mark Thomas $806,343 $493,440
Consultant 1 $844,949 $544,550
Consultant 2 $818,598 $502,861
The subconsultant costs were pulled out of the total with the assumption that they would be roughly comparable but are presented in terms of the markups applied. The Mark Thomas subconsultant markup is 5 percent and the other two were 10 percent and 15 percent, including one that also added a 6% administrative fee on all charges.

Regarding overall project costs, the proposed agreement is time and materials, not to exceed.

Therefore, the actual cost may be different than the not to exceed number. For budgeting purposes, the Mark Thomas proposal used the high end of the rate ranges and assumed a significant amount of landscape design time. Ultimately, if the City is only landscaping the center median, the actual hours used is likely to be less.

Based on this evaluation, Mark Thomas has the lowest projected total fee amount and the lowest markup for subcontractors. This trend is also reflected with the Project Manager and Engineering costs isolated.

Note that this evaluation does not factor in any cost or time implications of going to a different company to complete the design. If any engineering company takes over a partially complete 107 of 175
design from another firm, at a minimum, they will resurvey the benchmarks and spot check the survey as well as verify the line work in the design for liability reasons. This work and familiarizing themselves with the project would add cost and time to the project. Rough estimates are an additional 10-25 percent of the cost of the current 35% design and up to 3 months of additional time.

Financial Considerations
Previous expenditures to develop the 35% design plans include $343,042 for design and $96,190 for CEQA ($439,232).

The City’s adopted FY24/25 Budget includes $362,000, to complete the design for the Project.

The proposed design cost is $1,206,756, which leaves a funding shortfall of approximately $844,756. The table below lists the proposed sources of funding for this shortfall:

After opening bids for the Putnam Park Phase 1 work, the unexpected availability of excess funds allows the City to keep the budgeted Class 1 Pathway Maintenance Project fully funded, as well as the full design budget for the 2026 Street Improvements Project. Therefore, these projects are no longer part of the proposed funding strategy for the Highway 116 design.

The Trash Project was to make progress on implementing a ten-year program to reduce trash entering creeks within the City. The State’s deadline for full implementation is December 2nd, 2030. Deferring this year’s trash project, will result in the City having to make these program investments in the remaining years to 2030.

The 2025 Street Improvements Project funds are not expected to be spent until construction is ready in the Spring of 2025. Due to the housing construction around Sonoma Mountain Village, Rohnert Park has been collecting mitigation funds to offset impacts to Cotati roadways. However, these funds have not yet been remitted to the City of Cotati. Staff propose borrowing the already budgeted funds from the 2025 Street Improvements Project now and replenishing these funds with the Rohnert Park traffic mitigation funds when they become available. These funds are estimated to exceed the amount “borrowed” from the 2025 Street Improvements Project.

Next the Gateway Signage project budget for fiscal year 2024/25 where $10,000 was an initial 108 of 175
work towards the enhancement of City monuments. The majority of this project was pushed within the City’s 5 year CIP to fiscal year 2025/26 for a total of $573,000. As such staff propose moving this design start-up costs to the 2025/26 fiscal year.

Therefore, the recommended action is to authorize the postponement of the Trash Implementation Plan – Phase 1 Project, the Gateway Signage Project, and reappropriate those funds to the Highway 116/ West Cotati Avenue Intersection Safety Improvements Project design. Additionally, borrowing the 2025 Street Improvements Project construction funds is intended to be replenished once the Rohnert Park traffic mitigation funds are received by the City.

Environmental Issues
On September 10, 2024, the City Council approved the Environmental Review for the Project and determined there would be no additional environmental impacts beyond those analyzed in the General Plan EIR, and therefore the project is exempt pursuant to California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183. 109 of 175
RESOLUTION NO. (XX)

RESOLUTION OF THE COUNCIL OF THE CITY OF COTATI

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
MARK THOMAS & COMPANY, INC. FOR DESIGN SERVICES FOR

THE PROJECT, AUTHORIZING THE CITY MANAGER TO EXECUTE

SAID PROFESSIONAL SERVICES AGREEMENT AND APPROVE ANY

NEEDED AMENDMENTS UP TO THE APPROVED BUDGET AMOUNT,

AND APPROVING THE APPROPRIATION OF FUNDS TO THE

PROJECT ACCOUNT
WHEREAS, the intersection of West Cotati Avenue and Highway 116 has long been a safety concern as it serves the West side of town and is off a busy two-lane highway, and the City continues to pursue grant funds to improve the intersection and is included in the City’s Traffic Impact Fee Program; and
WHEREAS, the intersection was included in the Caltrans Highway 116 Widening Project, for which plans were completed in 2009, and was to be improved with the South Sonoma Business Park, however, the Business Park did not get completed in its entirety and only improvements to the Lowes development were completed; and WHEREAS, improving the intersection remains a priority for the City, and in 2021, the City included the Project as one of five projects submitted to the Sonoma County Transportation Authority to prioritize for grant funding opportunities, additionally in 2021, the City completed its Local Road Safety Plan which identified the intersection improvements as a priority safety project, and, in 2024, the City adopted its Active Transportation Plan which also includes the Project as a high priority; and
WHEREAS, the improvements are envisioned to move ahead in tandem with the recently entitled Cotati Villages 1 and 2 development projects which are to add a total of 303 rental units including 31 affordable units for families in the very low-income bracket, and the private developments are dependent upon the proposed Project improvements being constructed and impact fees for those projects are to be applied to the Project, additionally, the City has been successful in obtaining Federal and State funds for Project construction; and WHEREAS, on October 25, 2022, City Council approved professional services agreements to complete the environmental review and 35 percent design for the Project, and those efforts are now complete and Staff is recommending City approval of the environmental review and approving an agreement to complete the design and obtain Caltrans approvals; and WHEREAS, City Engineering issued a Request for Qualifications and, in August, 2024 received qualifications from a number of engineering firms, and, upon review of the qualifications, Staff determined Mark Thomas & Company, Inc. to be the most qualified to 110 of 175
provide the requested services for the Project; and
WHEREAS, the firm has extensive prior experience for similar projects that require navigating the Caltrans approval process and working with resource agencies, additionally, Mark Thomas was part of the consultant team that developed the 35 percent design drawings for the Project; therefore, Staff requested and Mark Thomas provided a proposal to complete design, obtain Caltrans project approvals including the encroachment permit, and prepare bid documents for the Project; and
WHEREAS, the proposed services include obtaining all foreseeable permits and clearances for construction including a property swap needed for the intersection, and, with the scope of services beginning this month, bidding is projected to occur sometime in early 2026; and
WHEREAS, the City completed an extensive Environmental Review concurrently with the 35 percent design effort, and the effort began in late 2022 and concluded in June of this year and included public outreach with informational presentations at both the Planning Commission and City Council, additionally, the Project has a public website containing the project description, timelines, background information, project plans, and a way to provide comments and reach City Staff; and
WHEREAS, the Mark Thomas proposed scope of services is attached and is to take the 35 percent design to 100 percent and obtain all necessary State and Federal project approvals, and
WHEREAS, upon completion of the scope of services, the Project would be cleared to be advertised for bidding and Caltrans approvals would have been obtained to allow construction to begin; and
WHEREAS, the City’s adopted FY24/25 Budget includes $362,000, to complete the design for the Project, and the proposed design cost is $1,206,756, which leaves a funding shortfall of $844,756; and
WHEREAS, the Table below lists the proposed other project reductions which will provide the sources of funding for this shortfall:

Project Proposed
Action
Available Funds
Putnam Park Phase 1 Project Savings Transfer
Unencumbered
Funds
$191,756
Trash Implementation Plan – Phase 1 Postpone $231,000
2025 Street Improvements Project – Construction* Use/Replenish $412,000 Gateway Signage Postpone $ 10,000
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Total $844,756
; and
WHEREAS, the 2025 Street Improvements Project funds are not expected to be spent until construction is ready in the late Spring of 2025, and Staff proposes using those funds and replenishing them once the Rohnert Park traffic mitigation funds, for use by the City in mitigating traffic impacts from new development in Rohnert Park, are transferred to the City, and these funds are estimated to exceed the amount “borrowed” from the 2025 Street Improvements Project; and
WHEREAS, the Putnam Park Phase 1 construction bids came in under budget, allowing the transfer of some of the available funds to Highway 116/West Cotati Avenue Intersection Safety Improvements Project; and
WHEREAS the recommended action is to authorize the transfer of excess unencumbered funds from the Putnam Park Phase 1 construction project, postponement of the Trash Implementation Plan – Phase 1 Project, Gateway Signage Project and use the available 2025 Street Improvements Project construction funds with the intent to replenish those funds once Rohnert Park traffic mitigation funds are received by the City; and WHEREAS, on September 10, 2024, the City Council approved the Environmental Review for the Project which determined there would be no additional environmental impacts beyond those analyzed in the General Plan EIR, and therefore the project is exempt pursuant to California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.

NOW THEREFORE BE IT RESOLVED, that the Council of the City of Cotati hereby determines:

1. The recitals stated above are true and correct, and

2. The Professional Services Agreement with Mark Thomas & Company, Inc. for Design Services for the Highway 116/West Cotati Avenue Intersection Safety Improvements Project is approved, and

3. The City Manager is authorized to execute the aforementioned professional services agreement and any needed amendments up to the authorized Project budget, and

4. The City Manager or designee is authorized to transfer $191,756 in unencumbered funds from the Putnam Park Phase 1 construction project to the Highway 116/West Cotati Avenue Intersection Safety Improvements Project, postpone the Trash Implementation Plan – Phase 1, postpone the Gateway Signage Project and borrow funds from the 2025 Street Improvements Project for the subject Project until such time as those funds are replenished from other sources including the Rohnert Park Traffic Mitigation funds, and

5. Authorize the City Manager or designees to reappropriate funds from the postponed projects to the Project budget account.

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 September 24, 2024, by the 112 of 175
following vote, to wit:

SCOPE OF WORK
TASK 1. PROJECT MANAGEMENT
Mark Thomas will manage the project team, which includes Mark Thomas, Fehr & Peers (F&P), Crawford & Associates, Inc. (Crawford), M-Group and ARWS. Mark Thomas’s Project Manager will plan, organize, direct, and monitor project work activities and resources in accordance with contracted scope, schedule, and budget. This task will include managing the team, coordinating with Caltrans and the City of Cotati (City), and includes preparing contract paperwork, memos, letters, and e-mail, making phone calls, and maintaining project files. This activity commences with receiving the Notice-To-Proceed, continues through submittal of the key final project deliverables, and concludes when the project’s Encroachment Permit is issued. This project scope is anticipated to last 18 months.

Task 1.1. Project Management and Administration
This task will include managing subconsultant contracts and planning ahead for milestones requiring joint project team effort. Our project manager will develop and prepare monthly invoices and progress reports and maintain project files.

The monthly progress report will include a summary report of progress, including schedule and budget notes. It is assumed the project schedule will be updated on a monthly basis.

Task 1.2. Meetings and Coordination
This task will include coordinating and scheduling meetings, periodically checking in on subconsultant progress, and assisting in communication between team members, City, and other stakeholders. Mark Thomas will attend a project kickoff meeting with the City and hold up to six (6) Project Development Team (PDT) meetings, six (6) technical focus meetings, and thirty-six (36) bi-weekly coordination meetings with City staff to keep the project on track.

Task 1.3. Project Schedule
Our project manager will develop and maintain a Critical Path Method (CPM) Project Schedule. The baseline schedule will be sent to the City ahead of the kick-off meeting for approval and will be updated on a monthly basis during the project which is anticipated to last 18 months.

Task 1.4. Quality Management Plan
Mark Thomas will prepare a project specific Quality Management Plan to describe the quality procedures that will be implemented for work performed during the development, review, and approval of the DEER and final design. This task also includes performing QA/QC work on project deliverables.

TASK 1 DELIVERABLES:
• Project Schedule with monthly updates (up to 18)
• Monthly invoices and progress reports (up to 18)
• Meeting Agendas and Minutes for Kickoff Meeting and PDT Meetings:
o Kick-off Meeting
o up to 6 PDT Meetings
o up to 6 technical focus meetings
o up to 36 Bi-Weekly Coordination Meetings
• Quality Management Plan
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SR 116 & West Cotati Avenue Intersection Safety Improvements City of Cotati
• All deliverables to be submitted in .pdf format unless specifically stated otherwise TASK 2. SURVEYS AND MAPPING
Task 2.1. Aerial Mapping (ABC)
Mark Thomas will process the Aerial mapping acquired through previous phases of work in accordance with the Caltrans ABC process. As part of the Caltrans A-B-C process, Mark Thomas will submit an “A” letter to Caltrans for approval. Based upon the approval from Caltrans we will utilize the requested datum, however it is anticipated that the Horizontal datum will be CCS 83, Epoch 2017.50 (California Coordinate System, North America Datum, 1983) and vertical datum to be NAVD 88 (North American Vertical Datum of 1988). The proposed photo control layout will be submitted to Caltrans as part of the A-B-C mapping submittal. Mark Thomas will submit a GPS report to Caltrans as part of A-B-C mapping process and secure approval from Caltrans for Submittal B.

The mapping will be digitally compiled in MicroStation formats to conform to Caltrans’ A-B-C mapping process and submitted for approval.

Task 2.2. Base Map (Optional Task)
Mark Thomas will perform a field survey to locate necessary monumentation to retrace the Right of Way lines of Hwy 116, W Cotati Ave, Alder Ave and Redwood Dr. Our research indicates that Parcel maps (PM), Records of Survey (RS) & Tract maps (TM) shown in publicly available from the Sonoma County Surveyors office will be sufficient to complete this survey. It is our understanding that no other monument ties to other maps will be necessary to complete this project other than those publicly available. Should a material discrepancy be found or evidence of a dispute with adjoiners be discovered, Mark Thomas will stop boundary survey work under the current scope and discuss options with the City to move forward with the right of way retracement. Once the locations of the Right of Way lines are retraced based on the field evidence collected, Mark Thomas will plot this boundary in a CAD file that will serve as the basis for design. Mark Thomas assumes current title reports will be required to show the locations of easements. Mark Thomas includes the acquisition of 2 title reports will be a reimbursable cost. Only easements shown in the title reports will be shown. It is assumed that boundary evidence necessary to define the boundary will be readily available. This Boundary Survey scope is limited to one (1) day of fieldwork.

Mark Thomas will produce a Right of way Base map showing existing parcel configurations and survey monuments recovered as part of a field survey overlayed with the aerial topo background. The Base map will be in accordance with the District 4 LPO guidelines and submitted to Caltrans for acceptance after review by the City. Upon receiving comments from Caltrans, Mark Thomas will address the comments and resubmit to Caltrans for final acceptance.

Addressing one round of comments is included in this scope of work.

Task 2.3. Appraisal Maps
Mark Thomas will produce an Appraisal Map Based upon proposed acquisitions determined in design, Mark Thomas will prepare two (2) sheets of appraisal maps at 1”=50’ for review and acceptance through Caltrans LPO process. The appraisal map will show the dimensions and areas of the proposed right of way takes as well as existing encumbrances/title exceptions as revealed in up to date title reports. The Appraisal map will be submitted to Caltrans for acceptance after review by the City. Upon receiving comments from Caltrans, Mark Thomas will address the comments and resubmit to Caltrans for final acceptance. The appraisal map will be used by the City or their designee (AR/WS) to perform property appraisals and negotiations with property owners. 115 of 175
SR 116 & West Cotati Avenue Intersection Safety Improvements City of Cotati
Task 2.4. Legal Descriptions and Plats
Mark Thomas will prepare up to two (2) descriptions from up to two (2) owners without plat per Caltrans LPO process for acquisition of property (takes). It is assumed no Consent to Common Use Agreements or Joint Use Agreements (CCUA/JUA) are required and temporary construction easements are also excluded. Preparing legal descriptions to clear title encumbrances are not included in this scope. It is assumed that up to date title reports will be provided by the City.

Task 2.5. Record Right of Way Map (Optional Task)
Mark Thomas will prepare a preliminary Right of Way Record Map at 1”=50’ scale, up to two (2) sheets, as working documents to facilitate preparation of the revised right of way data sheet. It is assumed these maps will include ownership information, assessor parcel numbers (APNs) and approximate square footage of fee acquisitions, utility easements, and maintenance easements. Detailed dimensions will be added to show the proposed land transfers and will be submitted for review and acceptance through Caltrans LPO process.

Task 2.6. Record of Survey
Once the Right of Way Record Map is approved, Mark Thomas will prepare a Record of Survey at 1”=50’ scale up to two (2) sheets to be filed with the County to document the land transfers after construction is completed. It is assumed these maps will include the old and new ownership information, assessor parcel numbers (APNs), the recording information of the land transfer documents as well as the location of up to ten (10) monuments. The Record of Survey will be submitted for review and acceptance through Caltrans LPO process and with the County. All fees with the Sonoma County Planning Department, Surveyor or Recorder paid by Mark Thomas will be reimbursable by the City under this contract.

Task 2.7. Supplemental Topography
Mark Thomas will perform a field survey to collect pertinent accessible above ground features which will be located and documented to augment the aerial survey using conventional ground survey techniques. Ground visible features to be captured include, but are not limited to sidewalks, curb and gutter, driveways, curb ramps, fences, private utilities, storm and sewer facilities, trees, street lighting, signing, striping, and markings within the project limits. Storm and sewer will be dipped to determine invert elevations and pipe diameters within the streets around the site. Field crews will rely upon markings on utility feature lids. No utilities will be dipped other than sewer and storm. Detailed topographic surveys are limited to five (5) days of field work.

Task 2.8. Potholing
Mark Thomas shall have underground exploratory potholing conducted (via a subconsultant) to verify locations of existing utility facilities in compliance with Caltrans policy on High and Low Risk Facilities. Potholes shall be collected at tie in points and at locations of possible conflict with existing utilities to remain in place. The budget for this scope of work assumes a total of ten (10) potholes at $3,500 per pothole. The actual cost of potholing will be determined once the actual locations and required number of potholes are determined, prior to the actual work being performed.

Pothole locations shall be field surveyed. Pothole information shall be added to the final design plans to record utility mapping.

TASK 2 DELIVERABLES:
• Caltrans A, B and C Survey Mapping Submittals
• Caltrans Base Map
• Appraisal Maps (up to 2)
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• Legal Descriptions (up to 2)
• Draft and Final Right of Way Record Map
• Draft and Final Record of Survey
• Supplemental Field topography (up to 5 days of crew time) • Potholing Report
• All deliverables to be submitted in .pdf format unless specifically stated otherwise TASK 3. CALTRANS DEER
Task 3.1. Geometric Approval Drawings (35% Plans)
Mark Thomas will make revisions to the existing 35% plans and cost estimate based on Caltrans comments. We will not progress the design past 35% but simply adjust minor details for purposes of DEER approval. Final design will commence after Caltrans approval of the DEER but can be accelerated as requested by the City during the DEER process.

Task 3.2. Stormwater Data Report
Mark Thomas will prepare a PA&ED and PS&E level Stormwater Data Report for the project. Based on the proposed project features, it is assumed that a PA&ED phase SWDR long form will be prepared. The SWDR will focus on the storm water quality issues to construct the project and implementation of appropriate temporary and permanent Best Management Practices. The PA&ED level SWDR will be included as an attachment to the DEER and updates to that document will be needed in the PS&E phase to receive final Caltrans approvals before construction.

Task 3.3. Right of Way Data Sheet
The Mark Thomas team will prepare Right of Way Data Sheets in conformance with Chapter 4 of the Caltrans Manual, for inclusion within the DEER. The right of way Data Sheet shall depict proposed right of way impacts, the approximate area calculations for the proposed acquisition, the property owner’s name(s), and utility relocation information and relocation cost estimates. It is assumed that two parcels will be permanently affected by the project.

Task 3.4. Traffic Analysis Updates
As a part of the Mark Thomas team, Fehr & Peers will update the existing traffic analysis prepared during the 35% design phase and make minor changes to the report based on Caltrans’ comments. It is assumed the analysis portion of the document will not need to be revised and no modeling work is included.

Task 3.5. Intersection Control Evaluation
As a part of the Mark Tomas team, Fehr & Peers will build on the traffic memorandum developed as part of the 35% design stage as a basis for the development of an ICE for the proposed reconfigured SR 116 and West Cotati Avenue intersection. This will include a qualitative discussion of whether a roundabout is appropriate for this intersection, citing issues with the compatibility of adjacent development projects to be phased in over time.

Task 3.6. Initial Site Assessment
As a part of the Mark Thomas team, Crawford will collect soil samples to screen for lead content in soil along the shoulder areas of Highway 116, and traffic striping samples to assess the metals content. 117 of 175
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Aerially Deposited Lead (ADL): Crawford will mark sample locations for USA/811 clearance during the ISA site reconnaissance and will obtain encroachment permits from the City of Cotati. A Crawford field technician will return to the site to collect soil samples from up to 10 locations along Highway 116, at depths of 0‑6”, 12”-18”, and 24”-30” below ground surface (total of 30 soil samples). Samples will be collected with a hand auger. All samples will be analyzed for total lead by EPA Method 6010, and eight samples will be analyzed for pH by EPA Method 9045. Samples with total lead concentrations that exceed 50 milligrams/kilogram will be further analyzed for soluble lead using the WET and TCLP methods. For budgeting purposes, we assume that 10 samples will require analysis for soluble lead.

Traffic Striping: Crawford will collect three samples of both white and yellow thermoplastic traffic striping material. All samples will be analyzed for lead, and the yellow striping samples will also be analyzed for chromium (EPA Method 6010).

The ADL and traffic striping sampling results will be included in the ISA report.

Crawford will prepare a Phase 1 Initial Site Assessment (ISA) to evaluate the project area and adjacent properties for evidence of recognized environmental conditions (RECs) and/or potential RECs that may significantly impact the constructability, feasibility, and/or cost of the project. The ISA will be prepared in accordance with the procedures set forth in Caltrans’ Standard Environmental Reference, Chapter 10, and ASTM E1527-21. The ISA will include the following elements:

Records review: Crawford will contract with Environmental Risk Information Service (ERIS) to conduct a computerized search of federal, state, local, and tribal environmental agency database records. These database records will be reviewed for information pertaining to the subject property, and properties within ASTM standard search radii applicable to each database. The databases searched will include, at a minimum, all databases specified in ASTM E1527-

21. Physical Setting Review: The ISA will also include a summary of geologic conditions underlying the subject property and vicinity based on readily available geologic mapping from the US Geological Survey and the California Geological Survey; and a summary of hydrogeologic conditions (including depth to groundwater and regional groundwater flow, if readily available) based on information from websites maintained by the State of California.

Historical Land Use Review: ERIS will provide historical aerial photographs, historical USGS topographic maps, city directories, and Sanborn fire insurance maps (where available) for the subject property and vicinity. Crawford will review these data to develop a history of general property uses for the project alignment and surrounding parcels back to the alignment’s first development, or 1940, whichever is earlier.

Site Reconnaissance: Crawford will perform a driving and walking reconnaissance of the subject parcel and vicinity to observe current conditions. Conditions on adjacent parcels will be observed from the public right-of-way. The reconnaissance will include observations of geologic, hydrogeologic, and topographic conditions; uses and storage of hazardous materials and wastes within and adjacent to the project alignment; and general conditions with regard to the presence of underground and above ground storage tanks, drums, wells, electrical equipment, stockpiled soil, vegetation, odors, and sewage/waste disposal, as appropriate.

Interviews: Where warranted by observations and data, Crawford will make reasonable attempts to interview current and past property owners, tenants, and key site mangers where names and contact information is provided. Crawford many also contact City of Chico or Butte County Environmental Health Department personnel to inquire about 118 of 175
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department knowledge pertaining to the project alignment or properties in the project vicinity, as warranted by the findings and reconnaissance.

Report of Findings: A report documenting our assessment will be prepared for the project. The report will include, but not necessarily be limited to, the following:
• Description of the subject property and vicinity;
• Summary of the physical setting, local geologic conditions, and hydrogeologic conditions; • Summary of the historical record review and historical site usage; • Findings from the records review;
• Site reconnaissance observations;
• Interview results;
• Photographs of significant items of environmental concern observed during the site reconnaissance (if any); • Findings, Opinions, and Conclusions on potential impacts: including a summary of RECs, and a discussion of significant data gaps and data failures; and
• Recommendations: As warranted by the findings for additional investigation and/or sampling for potentially hazardous materials.

One round of City and Caltrans reviews are assumed with the scope.

Task 3.7. Geotechnical Design and Materials Report
As a part of the Mark Thomas team, Crawford will prepare a Geotechnical Design and Materials Report based on current Caltrans standards. Crawford will determine exploration locations, site access, and mark our exploration locations for USA North 811. Obtain a Sonoma County Environmental Health Permit for our borings and no-fee Cotati and Caltrans Encroachment Permits.

Crawford will conduct a subsurface exploration program to characterize the subsurface conditions for the roadway widening, retaining walls, at-grade bicycle lanes, and sidewalks. Four to five borings (5 to 20 ft deep) will be drilled at the proposed retaining wall locations. The drilling contractor will advance these borings with a truck and/or track mounted drill rig using 6 to 8-inch-diameter hollow, solid stem augers, and/or rotary wash methods. Standard Penetration Testing (SPT) and California Modified sampling will be performed within borings to obtain samples and blow count information. A Crawford engineer/geologist will direct the sampling and log the borings consistent with current Caltrans procedures/requirements. At a minimum, we will sample at 5-foot intervals.

Four to five borings (up to 3 ft deep) will be advanced with hand auger equipment at the roadway widening. Bulk samples will be obtained from these borings for laboratory testing.

We will deliver the samples to the laboratory for strength and classification testing. Surface and groundwater conditions will be noted where encountered. Traffic control is expected to include shoulder closures and lane closures with flaggers. The borings will be backfilled per County requirements.

Crawford will complete the following laboratory tests on bulk and relatively undisturbed samples obtained from the exploratory borings (as appropriate):
• Moisture Content and Unit Weight;
• Unconfined Compression and/or Direct Shear testing;
• Sieve Analysis and Plasticity Index;
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• R-value;
• Resistivity, pH, Sulfate Content, and Chloride Content for soil corrosivity analysis; and • Expansion Index
Crawford will perform engineering analysis for bearing capacity and settlement, slope stability at retaining walls, equivalent fluid forces including passive and active earth pressures, site seismicity including, probabilistic procedures consistent with current Caltrans Seismic Design Criteria to determine the site acceleration response spectrum (ARS) and liquefaction potential; and pavement section recommendations (based on Traffic Index values and growth rates provided by the design team).

Crawford will prepare a GDR consistent with current Caltrans Standards for the earth retaining structures. The report will include: scope of work and project description; physical setting, including topography, drainage and regional/local geology; summary of subsurface soil and groundwater conditions; slope stability; corrosion evaluation; seismic evaluation consistent with current Caltrans ARS standards; laboratory test results; grading recommendations; foundation recommendations; equivalent fluid weight recommendations; construction considerations; Vicinity Map; Site Plan with boring locations; Boring logs and legend. Crawford will address one round of City and Caltrans comments before finalizing the report.

Crawford will prepare a Materials Report consistent with current Caltrans Standards for the roadway widening. The report will include: scope of work and project description; pavement analysis following CalME; and pavement recommendations. Crawford will address one round of City and Caltrans comments before finalizing the report.

Task 3.8. Design Standard Decision Document
Mark Thomas will identify the proposed geometric features that do not meet the Caltrans design standards described in the latest Highway Design Manual (HDM). The Design Information Bulletin (DIB) 78 checklist will be completed and design features not meeting current HDM standards will be documented in the DSDD. A total of three (3) submittals to Caltrans are assumed. It is assumed a minimal Highway Safety Analysis will be performed to support the non-standard feature approval as a part of the DSDD.

Task 3.9. Transportation Management Plan
Mark Thomas will develop a Transportation Management Plan (TMP) for the Project. We assume this Project will require a “Minor TMP” as defined by Caltrans Transportation Management Plan Guidelines (November 2015). This document will include a description of planned detours, rerouting, temporary closures, and full closures for State Route 116. We will include a discussion of any impacts to transit routes, school bus routes, emergency vehicle access, access to US 101, and bicycle and pedestrian facilities through the construction area. We anticipate lane closure charts will not be required as part of this effort since the project would be expected to provide a full lane of traffic in each direction with shoulders during construction.

Task 3.10. DEER Preparation
The Mark Thomas team will prepare a Design Engineering Evaluation Report (DEER) for submittal to Caltrans based on the latest template. The technical reports noted above will be attachments to the DEER and summarized in the body of the report. The DEER is a streamlined document that is anticipated to be no more than 10 pages long (not including attachments). Section in the report include:
• Introduction
• Background
• Purpose and Need
• Right of Way and Utilities
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• Traffic, Maintenance and Operations Impacts
• Proposed Scope of Work
• Structure Information
• Other Considerations as Appropriate
• Project Personnel
• Attachments
We anticipate the following attachments will be need to support the DEER:
• Vicinity Map
• Geometric Approval Drawings (35% plans)
• Stormwater Data Report
• Right of Way Data Sheet
• Environmental Document (CEQA only)
• Traffic Analysis
• Intersection Control Evaluation
• Initial Site Assessment
• Geotechnical Design and Materials Report
• Design Standard Decision Document
• Transportation Management Plan
• Construction Cost Estimate
We assume two rounds of review (with consolidated comments from functional units) from Caltrans before DEER approval.

TASK 3 DELIVERABLES:
• Geometric Approval Drawings (35% plan updates)
• Draft and Final SWDR
• Draft and Final Right of Way Data Sheet
• Traffic Analysis Updates
• Draft and Final ICE
• Draft and Final ISA
• Draft and Final GDMR
• Draft and Final DSDD
• Draft and Final TMP
• Draft and Final DEER
• All deliverables to be submitted in .pdf format unless specifically stated otherwise TASK 4. FINAL DESIGN
Task 4.1. Utility Coordination
Mark Thomas will Mark Thomas will use USA North and other tools to retrieve a list of utilities that may be affected by the project. Based on the list Mark Thomas will send out utility request letters ("A" letters). Mark Thomas will then create and update a utility matrix for the project to track the status of record requests. Provided mapping will be forwarded and the matrix will be provided 30 days after A letter. Mark Thomas will follow up once with utility companies that have not responded and provide additional mapping received 60 days after A letters.

Mark Thomas will take the provided utility mapping and compile it into a utility base map to facilitate design efforts.

Underground utility mark out and detection is excluded under this scope of work. Utilities will be drafted against base mapping schematically and updated once supplemental surveys are completed. Conflicts will be discussed with each utility provider, and proposed solutions/relocations will be discussed.

A Utility Conflict Exhibit will be prepared showing the proposed improvements and potential utility conflicts. This information will be used as the basis for the formal Utility Certification Process with approvals through Caltrans. It is 121 of 175
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assumed a Utility Policy Variance Request (UPVR) will not be required. All utility relocation design will be provided by the utility companies and is not included in this scope of work.

Task 4.2. Right of Way Acquisition
As a part of the Mark Thomas team, Associated Right of Way Services, Inc. (AR/WS) will provide right of way services for the project. The subject properties are identified as:
• APN 144-050-004 City of Cotati (8214 GRAVENSTEIN HWY COTATI, CA 94931) • APN 144-050-005 JBP Investments Properties, Inc. (8356 GRAVENSTEIN HWY COTATI, CA 94931) We assume a land swap would occur between the City and the private property owner listed above. The acquisition from the private owner is assumed to be along the western-most corner of APN 144-050-005. The land swap would involve the City granting this owner the eastern-most corner of APN 144-050-004 and the acquisition will not result in damages to the remainder parcel. As the project is within SR 116 we assume the project is considered by Caltrans to be an “On-System” and will require Caltrans oversight, conformance to the Caltrans Right of Way Manual and Right of Way Certification. This means a final appraisal map and signed Certificate of Sufficiency will be provided prior to initiation of appraisal services, and we have budgeted 20 hours for coordination on the newly implemented Caltrans Real-Time Compliance Monitoring (RTCM).

Right of Way: AR/WS will provide Draft Right of Way Certification for approval by the City, in accordance with the Caltrans Right of Way Manual and submit supporting documentation along with the Right of Way Certification. Supporting documentation may include right of way contracts, Orders for Prejudgment Possession, diary notes, right of way sufficiency forms, Agreements for Possession and Use, and deeds.

Appraisal: AR/WS will prepare appraisals in accordance with California Eminent Domain Law; California Government Code Section 7260 et seq.; Uniform Standards of Professional Appraisal Practice requirements, except as jurisdictionally exempt; the Caltrans Right of Way Manual; and 49 CFR, Part 24. The owner or a designated representative will be invited by the appraiser to accompany him/her during the inspection of the property. Appraisals to be prepared in an Appraisal Report format in accordance with Uniform Standards of Professional Appraisal Practice, Standard Rule 2-2 and are for the “Fair Market Value” of the properties as per California Code of Civil Procedure, Section 1263.320. In accordance with the California Code of Civil Procedure Section 1263.330, the market value of the property acquired will not include consideration of any increase or decrease in the value of the property that is attributable to any of the following:
• The project for which the property is taken;
• The eminent domain proceeding in which the property is taken; • Any preliminary actions of the acquiring authority relating to the taking of the property.

If revisions are made to the property or assignment requirements during the appraisal process or upon completion of the report, appraisal time to address these revisions will be a supplemental service.

Appraisal Review: Appraisal review will be required and AR/WS proposes to subcontract with a qualified independent review appraiser for these services. Upon receiving appraisal reports, an office review of the reports using the various standards prescribed by the Federal and State Uniform Acts, Federal Highway Administration, Caltrans appraisal procedures, Uniform Standards of Professional Appraisal Practice (USPAP) and the California Eminent Domain codes will be completed.

Review appraiser will provide comments to the appraiser for discussion and will communicate with the appraiser to clarify 122 of 175
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potential issues and resolve problems. Upon satisfactory completion of the appraisal reports, an appraisal review report will be prepared.

Negotiations and Acquisitions: AR/WS will prepare acquisition documents. Said documents include, but are not limited to:
offer letter, summary statement pertaining to the acquisition of real property or an interest therein, purchase agreement, deed, and public acquisition brochure. AR/WS will initiate and maintain individual acquisition files. All acquisition documents to receive City’s written approval as to form prior to use in the field. Per Section 102 of the California Streets and Highways code a copy of the appraisal report will be provided to the property owner. Upon receipt of a signed Certificate of Sufficiency and approval of acquisition documents by the City, AR/WS will present a written offer and initiate negotiations.

AR/WS will present approved written offer to the property owner.

AR/WS will negotiate to acquire one partial acquisition identified by the City, as a part of a land swap between the property owner and the City. We are assuming there will be negotiations with 1 property owner. All discussions for the acquisition of property or an interest therein will be directed to result in the payment of just compensation. If settlement with owner is reached pursuant to the City approved appraisal or City approved administrative settlement, AR/WS will prepare a Memorandum of Settlement for transmittal to the City, reviewing the issues. This memorandum will require City’s written approval before implementation of any settlement agreement. AR/WS will make every reasonable effort to acquire property on behalf of the City expeditiously through agreement with its owner and to avoid litigation. This may necessitate greater levels of effort in the negotiations phase and, where appropriate, should continue after eminent domain has been initiated.

City will provide ongoing feedback to AR/WS as to authorization for settlements. AR/WS will establish a process of coordinating escrow closings and reviewing escrow instructions. Where there are escrow closings, preparation of escrow instructions will be completed by title company. Approval of conditions of title and escrow instructions, including but not limited to, “subject to” title exceptions, will be done by the City. If agreement with owner cannot be reached, AR/WS will advise the City that negotiations have reached an impasse. The City will consider scheduling of an action in eminent domain including the required public necessity hearing. AR/WS will provide condemnation support as needed and requested, budget allowing.

Task 4.3. Drainage Report
Mark Thomas will prepare a roadway drainage report in the form of a technical memo containing the required drainage report elements as required by Caltrans District 4 and submit it to the City and Caltrans for review. The report will include a delineation of existing and proposed drainage shed areas, calculations for proposed drainage conditions (based upon the Rational Method), and calculations for proposed pipe sizes, inlet locations, and outfall areas based upon proposed modifications to the existing drainage system within the project limits along SR 116 within Caltrans operating right of way.

This scope assumes that design storm tailwater Hydraulic Grade Line (HGL) information will be available from Caltrans.

Draft drainage calculations will be included with the 65% submittal and the draft and final drainage report will be submitted with the 95% and 100% submittals respectively. Mark Thomas will address and respond to comments received on each submittal. This scope assumes no trunk line drainage system modification will be required. It is assumed a preliminary drainage report is not required for DEER approval.

Task 4.4. Resource Agency Permitting & NEPA Coordination As a part of the Mark Thomas team, M-Group will lead the permitting and related environmental updates. M-Group will prepare environmental documentation for the project upon which Caltrans can rely for NEPA purposes. We will assist with assembling and submitting materials to Caltrans including completion of the Categorical Exclusion Checklist and the Preliminary Environmental Studies (PES) form. It is expected that the environmental documentation will support a Notice of Exclusion (NEPA CE). This Task includes coordination with the project team, technical specialists (as warranted), and Caltrans 123 of 175
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Local Assistance, and submittal of environmental documents to Caltrans including the Exclusion Checklist and supporting materials.

M-Group anticipates that technical studies, which are identified below, will include biological and cultural resources and a tree inventory. M-Group routinely partners with Monk & Associates and Evans & De Shazo to perform biological and cultural resource evaluations, respectively. This task includes M-Group’s management and oversight of the technical studies to be performed by subconsultants.

Monk & Associates, Inc. (M&A) will complete the following tasks required to assist with acquisition of biological permits for the proposed project:
• Nationwide Permit (NWP) application package for the U.S. Army Corps of Engineers (USACE) pursuant to Section 404 of the Clean Water Act.
• Biological Assessment (BA) for use by the Corps to facilitate Section 7 Endangered Species Act consultation and obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service (USFWS). • Application for California Regional Water Quality Control Board Certification of Water Quality (RWQCB). • Alternatives Analysis to Support the RWQCB Application.

M&A would prepare a Preconstruction Notice (i.e., permit application package) as necessary to seek verification from the Corps that the project meets conditions necessary to use a Nationwide Permit (NWP). To be granted authorization under the NWP Program, the extent of project impacts to waters of the U.S. must remain below 0.5-acre.

Facilitate Federal Endangered Species Act (FESA) Section 7 Consultation by and between the Corps and the U.S. Fish and Wildlife Service: The USACE will require that a BA be prepared that would facilitate the Section 7 Consultation between the USACE and the USFWS. Impacts to and mitigation for suitable habitat for the California tiger salamander (CTS) (Sonoma County Distinct Population Segment) (Ambystoma californiense) and Sebastopol meadowfoam (Limnanthes vinculans), both being state and federally listed species, will be the challenging aspect of preparation of the BA. The BA will have to provide a mitigation plan that is satisfactory to the USFWS, and the USFWS will either have to issue a “non-jeopardy” Biological Opinion or append the project to the 2020 Programmatic Biological Opinion to the USACE prior to the time that the USACE can authorize a permit for the proposed project. Such a mitigation plan will likely entail the purchase of mitigation credits from a resource agency approved conservation bank(s). M&A will assist with locating CTS and rare plant mitigation credits from a suitable Conservation Bank for the project. It should be noted that the USFWS now requires mitigation credits to be purchased from Sebastopol meadowfoam Core Area or as approved by the USFWS. The conditions of the BO would then be incorporated by the Corps into its permit authorizing the project.

Pre-filing Meeting with the Corps and the RWQCB: Under regulations that became effective September 11, 2020, before submitting a request for a Section 401 Certification, a project applicant must request a pre-filing meeting at least 30 days prior to submitting the Section 401 Certification request. The RWQCB will determine if the meeting will be held or not, but it is required to submit the request.

RWQCB Application Package for Certification of Water Quality and/or Waste Discharge General Permit Applicability:

This application package cannot be submitted to the RWQCB until the project is fully approved by the City of Cotati pursuant to the CEQA. This task includes preparing and submitting an application to the RWQCB for a Clean Water Act Section 401 certification of water quality and for use of the SWRCB’s General Waste Discharge Requirements General Permit. Note that no Corps permit is operable without the Section 401 certification of water quality from the RWQCB. 124 of 175
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Please note that the project Civil Engineer will be required to provide M&A with a PDF of the project’s Storm Water Low Impact Development Plan (SWLID). The RWQCB will insist that the SWLID meet the National Discharge Elimination System (NPDES) C3 National Pollutant Discharge Requirements. The project civil engineer is responsible for developing the SWLID.

The RWQCB will also require:
• 404(B)(1) alternatives analysis completed in accordance with federal guidelines (per Task 3 below), • Acceptable waters of the State compensatory mitigation proposal; and • Copy of the final documentation of CEQA compliance (that is, a CEQA Notice of Determination).

Preparation of an Alternatives Analysis Report to Support RWQCB Application: The Section 404(b)1 Guidelines prohibit all discharges of fill material into regulated waters of the United States (and now waters of the State), unless the discharge constitutes the least environmentally damaging practicable alternative (the “LEDPA”) that would achieve the basic and overall project purpose. As of May 28, 2020, the State Water Resources Control Board, which has control over all RWQCBs, has formally adopted the Clean Water Act 404(b)1 Guidelines heretofore previously only enforced by the USACE for projects exceeding 0.5-acre of impact or more than 300 lineal feet of impacts to drainage. The RWQCB requires that a Section 404(b)1 Alternatives Analysis (AA) be prepared and submitted with the 401 Certification of Water Quality Permit application when projects impact (even minimal) waters of the State. And, depending upon the scope/type of impact, they also may require a thorough discussion of onsite and offsite alternatives in line with the 404(b)1 Guidelines. This is clear upon review of both the Procedures and the Implementation Guidance which relies heavily on multiple references relating to the 404(b)1 process as long exercised by the USACE. However, the RWQCB AA does not depend on a half-acre threshold of impacts.

Rather, depending on the acreage of project impacts to waters of the State and the type of waters of the State (i.e., wetlands), the project falls into three different “tiers” and each tier level has different analysis requirements that must be followed. Unfortunately, these three tiers have extraordinarily low thresholds for impacts. The tiers run from Tier 3 (highest level) down to Tier 1 (lowest) and all tiers are explained in greater detail below. M&A’s efforts to prepare a RWQCB styled Alternatives Analysis will be tailored to the tier discussions below.

Tier 3 projects include any discharge of dredged or fill material that directly impacts more than two-tenths (0.2) of an acre or 300 linear feet of waters of the State, rare, threatened or endangered species habitat in waters of the State, wetlands or eel grass beds, or Outstanding National Resource Waters or Areas of Special Biological Significance and is not a project that inherently cannot be located at an alternate location. Tier 3 projects shall provide an analysis of off-site and on-site alternatives.

Tier 2 projects include any discharge of dredged or fill material that directly impacts more than one tenth (0.1) and less than or equal to two tenths (0.2) of an acre or more than and less than or equal to 300 linear feet of waters of the State unless it meets the criteria for a Tier 3 project, or for any project that inherently cannot be located at an alternate location (unless it meets the size requirements set forth in Tier 1). Tier 2 projects shall provide an analysis of only on-site alternatives. For routine operation and maintenance of existing facilities, analysis of on-site alternatives is limited to operation and maintenance alternatives for the proposed project.

Tier 1 projects include any discharge of dredged or fill material that directly impacts less than or equal to one tenth (0.1) of an acre or less than or equal to 100 linear feet of waters of the State, unless it meets the criteria for a Tier 3 project. Tier 1 projects shall provide a description of any steps that have been or will be taken to avoid and minimize loss of, or significant adverse impacts to, beneficial uses of waters of the State.

M&A believes that the project will be Tier 2 due to the fact that, while there are wetlands which will be impacted as part of the project, the project inherently cannot be relocated.
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Evans and De Shazo (EDS) will prepare Area of Potential Effect (APE) maps, a Historic Property Survey Report (HPSR), Archaeological Survey Report (ASR), and, if required, an Historic Resources Evaluation Report (HRER) in accordance with Caltrans requirements to assist in complying with applicable federal and state laws regarding cultural resources, including Section 106 of the National Historic Preservation Act (NHPA) and CEQA for the project. EDS will utilize the previous NWIC record search, literature review, Sacred Lands Inventory, results of the outreach to local tribes and historical societies, and pedestrian field survey to complete the required ASR and HPSR for the Project.

Task 4.5. Maintenance Agreement Support
Mark Thomas will provide support to the City to obtain a Freeway Maintenance Agreement with Caltrans for the SR 116. We will prepare one exhibit for the corridor along SR-116 that will be used an as attachment (Exhibit A) to the Freeway Maintenance Agreement. The exhibit should also be able to be used for the Electrical Maintenance Agreement that will be required for the new signal at SR-116 and West Cotati Avenue.

Task 4.6. Landscape Concept Plan
Mark Thomas will identify key aesthetic features, and green infrastructure opportunities within the project limits and explore options with the City to refine these design features. Through this effort, we will coordinate the drainage features for appropriate strategies that will be required to meet stormwater treatment requirements. This task will include preparation of one landscape concept plan. The landscape concept plan will include aesthetic inspiration photos to assist in developing placemaking and green infrastructure opportunities. The landscape concept plan will show tree placement and ground plane massings on up to two sheets. The landscape concept plan will be color-rendered and will include a recommended plant palette. City comments will be incorporated into the final plan and will be approved before 65% design begins.

Task 4.7. 65% PS&E
Mark Thomas will prepare 65% PS&E consistent with the Caltrans Project Development Procedures Manual, Drafting Standards, and Highway Design Manual as well as City standards, design criteria and other codes as appropriate for a locally sponsored, funded encroachment permit project utilizing the Caltrans DEER Process as described above. At each development stage of the PS&E, plans will include the preparation of the following roadway, structure and electrical engineering plans with associated sheet count.

Sheet Count Sheet Type
1 Title
3 Typical Sections
1 Project Control Diagram
1 Key Map
2 Layouts
6 Construction Details
2 Retaining Wall Plans and Details
2 Temporary Water Pollution Control Plans and Details
2 Drainage Plan
2 Drainage Profiles
3 Drainage Details
1 Drainage Quantities
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2 Utility Plan
2 Utility Details
4 Stage Construction
4 Traffic Handling
1 Construction Area Signs
2 Pavement Delineation and Sign Plans
1 Sign Quantities
6 Electrical Plans and Details
16 Landscape and Irrigation Plans and Details
2 Summary of Quantities
66 Total
Roadway and Landscape Plans: Task shall include updating the existing 35% plans and creating and developing plan details not included in the 35% submittal. Tasks shall include preparation of all plans as described above except electrical plans.

Electrical/Signal Plans: As a part of the Mark Thomas team, F&P will develop traffic signal and lighting plans for the new traffic signal and pathway lighting. Using topographic survey and basemapping, we will develop a signal design plan and lighting plans using Caltrans plan format. Our 65% design plans will show locations of proposed above ground signal and electrical equipment using Caltrans standard symbology. We anticipate developing our plans using proposed roadway design files as a basis for our work. Our 65% signal plans will depict the following elements:
• Location and type of proposed traffic signal poles, signal heads, detectors, pull boxes, conduits, conductors, and traffic signal cabinet
• Proposed signal phasing diagram
• Proposed pedestrian traffic signal equipment
• Locations of existing and proposed intersection/crosswalk safety lighting (connected to the traffic signal system)
• Existing and proposed traffic signal interconnect equipment The conduit and conductor schedule and itemized engineer’s estimate will not be completed for this submittal. It is assumed that the proposed traffic signal plans will not require custom foundation design.

Our lighting plans will depict the location and type of proposed pathway lighting, proposed locations to establish service, pull boxes, conduits, and service equipment enclosure(s). The conduit and conductor schedule and itemized engineer’s estimate will not be completed for this submittal. 65% Specifications: The Mark Thomas team shall prepare 65% technical specifications. Technical specifications shall be prepared as special provisions using Caltrans 2024 Standard Specifications format and will be draft specifications at the 65% submittal stage. Mark Thomas shall utilize Caltrans standard special provisions (SSPs) except where they are unavailable or when the City provides alternative standard special provisions. Specification edits shall not follow Caltrans Office Engineer editing format (i.e. Caltrans editing macros and hidden text). No justification or approvals for non-conforming edits will be provided (i.e. no NSSP approvals shall be required or sought). 127 of 175
SR 116 & West Cotati Avenue Intersection Safety Improvements City of Cotati
65% Quantities and Estimate: Using Caltrans standard bid items and measurement quantities, the Mark Thomas team shall quantify the required bid item quantities for elements of work shown on the 65% plans and as specified in the 65% special provisions. Unit bid price estimates will be based upon appropriate recently published bid prices as posted on Caltrans website and other recent, relevant local agency project bids.

Task 4.8. 95% PS&E
The Mark Thomas team will prepare 95% PS&E as a checked, detailed, complete set of plans, technical specifications and estimate. Mark Thomas shall provide responses to 65% comments and attend a comment review/ resolution meeting at the outset of the 95% PS&E task.

Review and respond to 65% Comments: The Mark Thomas team will review, respond and resolve comments received from City, Caltrans and other approving/ commenting agencies on the 65% submittal. 95% Roadway and Landscape Plans: Task shall include updating 65% and incorporating comments received, checking details and further developing unresolved details or design issues not resolved as part of the 65% submittal. Tasks shall include preparation of all plans as described above except electrical plans. 95% Electrical/Signal Plans: F&P will revise the 65% plans and prepare the traffic signal plans and special provisions as part of the 95% PS&E.
95% Specifications: The Mark Thomas team shall prepare 95% technical specifications by editing and revising the 65% technical specifications.
95% Quantities and Estimate: The Mark Thomas team shall prepare an independent quantity calculation takeoff based upon the 95% plans and specifications. Mark Thomas shall maintain a hard copy record of the 95% quantity calculations. Mark Thomas will update unit prices as appropriate.

Task 4.9. 100% PS&E
The Mark Thomas team will prepare 100% PS&E as a draft final set of bid ready, complete bid documents. The Mark Thomas team shall provide responses to comments and attend a comment review/resolution meeting at the outset of the 100% PS&E task.

Review and Respond to 95% Comments: The Mark Thomas team will review, respond and resolve comments received from the City, Caltrans and other approving/commenting agencies on the 95% submittal. 100% Plans, Technical Specifications, Quantities and Estimate: Task shall include updating the 95% PS&E, incorporating comments received. The Mark Thomas team shall prepare an independent quantity calculation takeoff based upon the 100% plans and specifications. The Mark Thomas team will update unit prices as appropriate.

This scope assumes that Mark Thomas will provide the City a complete set of technical specifications only for incorporation into the City’s boilerplate bid and other front end documents.

Task 4.10. Bid Documents
The Mark Thomas team will prepare Bid Documents as a set of bid ready, complete documents. 128 of 175
SR 116 & West Cotati Avenue Intersection Safety Improvements City of Cotati
Review and respond to 100% Comments: The Mark Thomas team will review, respond and resolve comments received from the City, Caltrans and other approving/commenting agencies on the 100% submittal.

Update Final Plans, Technical Specifications, Quantities and Estimate: The Mark Thomas team will update the 100% plans, specifications and estimate, incorporating comments received. Mark Thomas shall verify the final bid quantities and perform independent spot checks of quantities based upon the 100% plans and specifications. Mark Thomas will update unit prices as appropriate.

TASK 4 DELIVERABLES:
• Utility Coordination (ABC Process)
• Draft and Final Right of Way Certification
• Draft and Final Appraisal Report
• Draft and Final Appraisal Review Report and Certification • Draft and Final Acquisition Documents
• Memorandum of Settlement and Signed Agreement (upon settlement) • Negotiation Impasse Notice (if needed)
• Nationwide Permit (NWP) application, USACE - Section 404 of the Clean Water Act. • Biological Assessment (BA), USACE Section 7 Endangered Species Act consultation w/USFWS • California RWQCB Certification of Water Quality application • Alternatives Analysis for RWQCB application.
• Draft and Final Preliminary Environmental Studies (PES) form • Draft and Final Area of Potential Effect (APE) maps
• Draft and Final Historic Property Survey Report (HPSR) • Draft and Final Archaeological Survey Report (ASR)
• Draft and Final Historic Resources Evaluation Report (HRER) if required • Draft and Final FMA Exhibit A
• Draft and Final Landscape Concept Plan
• 65% PS&E
• 95% PS&E
• 100% PS&E
• Bid Documents
• All deliverables to be submitted in .pdf format unless specifically stated otherwise TASK 5. BID SUPPORT
Task 5.1. Design Support During Bidding
The Mark Thomas Team will attend the pre-bid meeting and be available to answer questions during the bidding process as well as prepare addenda as necessary. After bids have been received by the City, the Mark Thomas Team will assist in bid review and analyzation and make a recommendation regarding the award of the construction contract. This task will be billed on a time and materials basis up to the budget provided as an accurate estimate of the work involved cannot be determined at this time.

TASK 5 DELIVERABLES:
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SR 116 & West Cotati Avenue Intersection Safety Improvements City of Cotati
• Responses to bidder RFI’s and addendums as necessary
• All deliverables to be submitted in .pdf format unless specifically stated otherwise

ASSUMPTIONS & EXCLUSIONS
• A cooperative agreement between the City and Caltrans is not required • SR 116 in the project area is considered a rural, conventional highway • Caltrans project approval will come through the DEER process and not full project development • Datum or unit conversion of base mapping, as-builts, and centerlines are not included • Any reports not specifically noted in this scope of work are not included • CEQA clearance will be completed by the City under separate contract and provided to the project team • NEPA clearance will be completed through Caltrans Local Assistance after DEER approval • Resource Agency permit fees will be paid directly by the City • No special-status species (e.g., threatened or endangered species) need to be surveyed • Construction monitoring for mitigation or habitat impacts is not included • The project will utilize local funds for design and use a blend of local and federal funds for construction • Non-standard retaining walls or bridges will not be utilized • Caltrans will provide access to the CalMe software
• Assessment and rehabilitation of existing pavement is not included in this scope • A preliminary drainage report is not required for the DEER • A Caltrans Utility Policy Variance Request (UPVR) is not required • Design Support during Construction (DSDC) is not included in the scope but will be added a later date when the construction of the project is awarded to a contractor • Community outreach and/or engagement is not required
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ID %
Comp
Task Name Duration Start Finish Predecessors
1 0% SR 116 & West Cotati Avenue Improvements 380 days Wed 9/18/24 Tue 3/3/26 2 0% Kick off Meeting 0 days Wed 9/18/24 Wed 9/18/24
3 0% Task 1 - Project Management 100 days Wed 9/18/24 Tue 2/4/25 2 4 0% Task 2 - Surveys and Mapping 380 days Wed 9/18/24 Tue 3/3/26 5 0% 2.1 Aerial Mapping (ABC) 60 days Wed 9/18/24 Tue 12/10/24 2 6 0% 2.2 Base Map 60 days Wed 12/11/24 Tue 3/4/25 5
7 0% 2.3 Appraisal Maps 20 days Wed 4/2/25 Tue 4/29/25 31FF,6 8 0% 2.4 Legal Descriptions and Plats 20 days Wed 6/11/25 Tue 7/8/25 7FS+30 days 9 0% 2.5 Record Right of Way Map 60 days Wed 10/15/25 Tue 1/6/26 26FF,7 10 0% 2.6 Record of Survey (after construction) 0 days Tue 3/3/26 Tue 3/3/26 9,36FF 11 0% 2.7 Supplemental Topo 30 days Wed 1/22/25 Tue 3/4/25 5,31SS 12 0% 2.8 Potholing 30 days Wed 4/30/25 Tue 6/10/25 31
13 0% Task 3 - Caltrans DEER 160 days Wed 9/18/24 Tue 4/29/25 14 0% 3.1 Geometric Approval Drawings (35% Plans) 40 days Wed 1/8/25 Tue 3/4/25 20 15 0% 3.2 Stormwater Data Report 60 days Wed 12/11/24 Tue 3/4/25 14FF 16 0% 3.3 Right of Way Data Sheet 40 days Wed 1/8/25 Tue 3/4/25 14FF 17 0% 3.4 Traffic Analysis Updates 30 days Wed 1/22/25 Tue 3/4/25 14FF 18 0% 3.5 Intersection Control Evaluation 30 days Wed 1/22/25 Tue 3/4/25 14FF 19 0% 3.6 Initial Site Assessment 60 days Wed 10/16/24 Tue 1/7/25 20FF 20 0% 3.7 Geotechnical Design and Materials Report 80 days Wed 9/18/24 Tue 1/7/25 2 21 0% 3.8 Design Standard Decision Document 60 days Wed 12/11/24 Tue 3/4/25 14FF 22 0% 3.9 Transportation Management Plan 30 days Wed 1/22/25 Tue 3/4/25 14FF 23 0% 3.10 DEER Preparation 60 days Wed 2/5/25 Tue 4/29/25 14FS-20 days 24 0% Task 4 - Final Design 380 days Wed 9/18/24 Tue 3/3/26 25 0% 4.1 Utility Coordination 180 days Wed 4/30/25 Tue 1/6/26 31 26 0% 4.2 Right of Way Acquisition 180 days Wed 4/30/25 Tue 1/6/26 31,8FF 27 0% 4.3 Drainage Report 30 days Wed 3/19/25 Tue 4/29/25 31FF 28 0% 4.4 Resource Agency Permitting & NEPA Coord 180 days Wed 4/30/25 Tue 1/6/26 31 29 0% 4.5 Maintenance Agreement Support 90 days Wed 4/30/25 Tue 9/2/25 31 30 0% 4.6 Landscape Concept Plan 60 days Wed 9/18/24 Tue 12/10/24 2 31 0% 4.7 65% PS&E 70 days Wed 1/22/25 Tue 4/29/25 23FF,30 32 0% 4.8 95% PS&E 90 days Wed 4/30/25 Tue 9/2/25 31,11,12FF 33 0% 4.9 100% PS&E 70 days Wed 9/3/25 Tue 12/9/25 32
34 0% 4.10 Bid Documents 60 days Wed 12/10/25 Tue 3/3/26 33,25FF,26FF,28FF,29FF 35 0% Task 5 - Bid Support 0 days Tue 3/3/26 Tue 3/3/26 36 0% 5.1 Design Support During Bidding 0 days Tue 3/3/26 Tue 3/3/26 34 9/18
3/3
3/3
3/3
Aug '24 Sep '24 Oct '24 Nov '24 Dec '24 Jan '25 Feb '25 Mar '25 Apr '25 May '25 Jun '25 Jul '25 Aug '25 Sep '25 Oct '25 Nov '25 Dec '25 Jan '26 Feb '26 Mar '26 Apr '26 May '26 City of Cotati - SR 116 & West Cotati Avenue Intersection Safety Improvements September 5, 2024
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Sr. Engineering
ManagerProject ManagerProject EngineerDesign Engineer IILAUD Division ManagerLAUD Project ManagerLandscape ArchitectLandscape Designer IILandscape Designer ISurvey Manager IIProject Surveyor IIIProject Surveyor IIAsst Surveyor IISurvey Technician II2-Person Crew (OE3)Project AccountantSr. Project CoordinatorFehr & PeersM GroupCrawford & Associates, Inc.Associated Right of Way Services
Sub MarkUp
$475 $314 $223 $200 $313 $259 $186 $161 $126 $305 $288 $246 $176 $161 $405 $178 $199 5%

1.0 Project Management

1.1 Project Management and Administration 18 36 18 36 108 $30,195 - - - - $0 $30,195

1.2 Meetings and Coordination 18 72 15 3 108 $35,580 - - - - $0 $35,580

1.3 Project Schedule 12 12 24 $8,085 - - - - $0 $8,085

1.4 Quality Management Plan 4 40 40 2 86 $23,975 - - - - $0 $23,975 OTHER DIRECT COSTS $1,000 - - - - $1,000
Subtotal Phase 1 52 148 40 0 2 15 3 0 0 0 0 0 0 0 0 18 48 326 $98,835 $0 $0 $0 $0 $0 $98,835

2.0 Surveys and Mapping

2.1 Aerial Mapping (ABC) 24 32 24 80 $19,430 - - - - $0 $19,430

2.2 Base Map 16 32 24 10 2 84 $21,438 - - - - $0 $21,438

2.3 Appraisal Maps 24 40 40 104 $24,220 - - - - $0 $24,220

2.4 Legal Descriptions and Plats 8 16 6 24 54 $11,308 - - - - $0 $11,308

2.5 Record Right of Way Map 8 16 40 64 $13,430 - - - - $0 $13,430

2.6 Record of Survey 24 40 80 10 2 156 $37,368 - - - - $0 $37,368

2.7 Supplemental Topo 2 8 4 10 40 50 16 130 $35,200 - - - - $0 $35,200

2.8 Potholing 2 8 4 16 16 20 4 70 $17,853 - - - - $0 $17,853 OTHER DIRECT COSTS $39,412 - - - - $39,412
Subtotal Phase 2 0 4 16 0 0 0 0 0 0 104 48 136 240 80 90 0 24 742 $219,657 $0 $0 $0 $0 $0 $219,657

3.0 Caltrans DEER

3.1 Geometric Approval Drawings (35% Plans) 4 16 24 40 84 $20,260 - - - - $0 $20,260

3.2 Stormwater Data Report 2 24 40 40 106 $25,380 - - - - $0 $25,380

3.3 Right of Way Data Sheet 4 16 16 36 $8,015 - - - - $0 $8,015

3.4 Traffic Analysis Updates 4 8 12 $4,410 2,500 - - - $125 $7,035

3.5 Intersection Control Evaluation 4 4 8 $3,155 20,000 - - $1,000 $24,155

3.6 Initial Site Assessment 2 4 8 14 $3,985 - - 19,000 - $950 $23,935

3.7 Geotechnical Design and Materials Report 2 4 8 14 $3,985 - - 53,000 - $2,650 $59,635

3.8 Design Standard Decision Document 8 24 40 40 112 $28,230 35,000 - - - $1,750 $64,980

3.9 Transportation Management Plan 4 16 20 $4,815 20,000 - - - $1,000 $25,815

3.10 DEER Preparation 8 40 40 40 128 $33,250 15,000 - - - $750 $49,000 OTHER DIRECT COSTS $0 - - - - $0
Subtotal Phase 3 34 132 192 176 0 0 0 0 0 0 0 0 0 0 0 0 0 534 $135,485 $92,500 $0 $72,000 $0 $8,225 $308,210

4.0 Final Design

4.1 Utility Coordination 2 24 40 40 106 $25,380 - - - - $0 $25,380

4.2 Right of Way Acquisition 4 4 8 16 $4,935 - - - 45,000 $2,250 $52,185

4.3 Drainage Report 16 40 40 96 $21,920 - - - - $0 $21,920

4.4 Resource Agency Permitting & NEPA Coordination 4 4 8 40 56 $12,935 - 79,000 - - $3,950 $95,885

4.5 Maintenance Agreement Support 4 16 20 $4,815 - - - - $0 $4,815

4.6 Landscape Concept Plan 4 16 40 40 40 140 $24,340 - - - - $0 $24,340

4.7 65% PS&E 16 40 80 160 2 14 36 120 80 548 $110,353 17,500 - - - $875 $128,728

4.8 95% PS&E 16 40 80 160 2 14 36 90 60 498 $102,990 12,500 - - - $625 $116,115

4.9 100% PS&E 8 24 40 40 1 4 12 30 20 179 $39,175 5,000 - - - $250 $44,425

4.10 Bid Documents 4 16 40 40 1 4 12 30 20 167 $34,765 2,500 - - - $125 $37,390 OTHER DIRECT COSTS $0 $0
Subtotal Phase 4 54 172 352 520 10 52 136 310 220 0 0 0 0 0 0 0 0 1826 $381,608 $37,500 $79,000 $0 $45,000 $8,075 $551,183

5.0 Bid Support

5.1 Design Support During Bidding 4 8 16 16 44 $11,170 1,500 - - - $75 $12,745 OTHER DIRECT COSTS $0 - - - - $0
Subtotal Phase 5 4 8 16 16 0 0 0 0 0 0 0 0 0 0 0 0 0 44 $11,170 $1,500 $0 $0 $0 $75 $12,745 TOTAL HOURS 144 464 616 712 12 67 139 310 220 104 48 136 240 80 90 18 72 3472 0 0 0 0 Anticipated Salary Increases (2% for 2 years) $16,127 $0 $0 $0 $0 $0 $16,127 OTHER DIRECT COSTS $40,412 $0 $0 $0 $0 $40,412
TOTAL COST $68,400 $145,580 $137,060 $142,400 $3,750 $17,336 $25,889 $49,988 $27,775 $31,720 $13,800 $33,490 $42,300 $12,900 $36,450 $3,195 $14,310 $862,881 $131,500 $79,000 $72,000 $45,000 $16,375 $1,206,756

TOTAL COST
COST PROPOSAL FOR PROJECT SCOPE - City of Cotati: SR 116 & West Cotati Total MT
Cost
Mark Thomas
Total
Hours
Subconsultants
Please note that the rates shown are for estimating purposes only. See rate schedule for actual rates/ranges.

MT Fee (A-1 Rates)
9/5/2024
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Engineering Surveying
Intern $65 - $110 Survey Technician I-III $65 - $185
Technician $95 - $135 Lead Survey Technician $145 - $165 Design Engineer I $125 - $175 Survey Specialist I-III $135 - $280 Design Engineer II $140 - $220 Asst Surveyor I-III $140 - $200 Sr. Technician $160 - $215 Project Surveyor I-III $200 - $305 Civil Engineering Designer $170 - $260 * Chief of Party $205 - $255 Project Engineer $170 - $240 * Instrumentperson $205 - $230 Sr. Project Engineer $210 - $300 * Chainperson $205 - $215 Sr. Technical Engineer $220 - $245 * Apprentice $130 - $185 Technical Lead $245 - $300 * 2-Person Crew $375 - $455
Sr. Technical Lead $285 - $355 * 3-Person Crew $570 - $675 Design Manager $365 - $405 * Utility Locator $190 - $250 Engineering Manager $365 - $405 Drone $275
Sr. Engineering Manager $370 - $495
Project Management & Oversight
Construction Management Project Manager $250 - $335
Office Engineer $170 - $270 Sr. Project Manager $280 - $380 * Asst. Resident Engineer $240 - $270 Survey Manager I-II $240 - $410 * Inspector - CM $195 - $275 SUE Program Manager $285 - $315 Resident Engineer $310 - $345 Division Manager $290 - $420 Sr. Resident Engineer $350 - $385 Principal $480 - $520 Area Manager - CM $270 - $305
Project Support
Planning Technical/Sr. Technical Writer $120 - $160
Planner I $110 - $140 Project/Sr. Project Assistant $85 - $175 Planner II $155 - $175 Project/Sr. Project Coordinator $130 - $215 Sr. Planner $170 - $235 Graphic/Sr. Graphic Designer $135 - $235 Project Accountant $125 - $195
Landscape Architecture/Urban Design Sr. Graphic Manager $215 - $275 Landscape Intern $90 - $105 Project Accountant Manager $225 - $255 Landscape Designer I $115 - $130
Landscape Designer II $135 - $170 District Management
Landscape Architect $160 - $195 * Inspector - Apprentice $95 - $110 Sr. Landscape Architect $185 - $210 * Inspector/Sr. Inspector $110 - $195 Assistant/Associate Sanitary Engineer $160 - $235
Grant Writing Sanitary/Sr. Sanitary Project Engineer $210 - $300 Funding Specialist $140 - $255 Operations/Deputy District Manager $270 - $385 Sr. Funding Specialist $260 - $305 District Manager-Engineer $395 - $440 Funding Manager $335 - $390
Special Services
Expert Witness $520
Strategic Consulting $520
MARK THOMAS & COMPANY, INC. RATE SCHEDULE
EXPIRES JUNE 30, 2025
Reimbursables including, but not limited to; reproductions, delivery and filing fees; outside consultant fees; and survey field expenses will be billed at Cost Plus 5% . Mileage will be billed per current IRS Rate.

Additional promotional steps exist within various rate categories.

This rate schedule expires June 30, 2025; rates are subject to escalation with new hourly rate schedule as of July 1, 2025. * These charge rates are subject to Prevailing Wage laws and Union contract.

RATE SCHEDULE (A-1) | PAGE 2 OF 2
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W h i t e P a p e r S a f e t y C r o s s i n g S R 1 1 6 P g 1 Ref: Cotati City SR 116/ W Cotati Ave Design Services. Sent: Sept 19, 2024 Subject: White Paper on pedestrian & low speed wheeling safety crossing review, SR116 at W Cotati Ave Summary
The project specifies engineering firm Fehrs&Peers that has a long history working with Caltrans on Pedestrian and bicycle safety designs (see references at end), however there has been little presentation of the designs. There has been continuing comment in Council meetings about the process of working with Caltrans, but little focus on when input can be made to the planning process. In any significant project, the timelines are key to knowing when to input to the process. I would think Cotati Staff could identify timeframes for when the Council can make input. For the target date of complete construction plans by March 2026 there are number of intermediate dates. “Mark Thomas Scope of Work and Gantt Chart time line” (Item12B PdfPg203) identifies PSE (Plans Specification and Estimates) of 35%, 65%, and 95%.
1) To keep project end date, the opportunity for input to the prelim 35% timeline is probably past since it’s been available since March 2024, and the Safety Improvements Memo since June. The task identified is registering the project with Caltrans. In the authorizing resolution, Council could add WHEREAS: xxx, with specific policy highlights to the designers of this junction, and to Caltrans. 2) The 65% PSE is shown starting January 22, 2025 - so input would require a presentation of status and opportunity for comment by that date.
3) The 95% PSE is shown starting with an Apr 30, 2025 date For the authorizing resolution, reflecting a policy objective for future walkable Cotati, the intent of the Council could be added
WHEREAS, the Project implements the Active Transportation Plan, June 2024 and the design supports pedestrian and bicycle connectivity for continuing the Bike Boulevard on W Cotati across SR116. For safely encouraging active transportation across SR116, it should help to decrease residents use of vehicles and reduce future Vehicle Miles Traveled.

Background
I’ve been advocating for a safer intersection crossing here since 2019, when the changing conditions of more housing became very visible – and the need for a safe N-S pedestrian crossing over SR116, connecting the existing Cotati pedestrian and bicycle network, to the potential network in newly urbanizing NW Cotati and the existing Sonoma County network of paths.

Pedestrian and low speed bicycle safety in California has historically had a low priority due to the complexity of road designs for vehicles, and the lack of understanding the value of what is now called “Active Transportation.”
In 2019, there was an update to the Cotati land use to allow for Senior Housing in the NW quadrant of Cotati, driven by a project from a developer. Subsequent analysis showed the 2014 Pedestrian and Bicycle Plan Update was out-of-sync with 2015 General Plan in specifying pedestrian connections to a safe pedestrian crossing from W Cotati Ave. This area was bisected by Caltrans SR116 and in Cotati City meetings there was discussion that “Caltrans” is not easy to work with.

Public Comment
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W h i t e P a p e r S a f e t y C r o s s i n g S R 1 1 6 P g 2 I took it upon myself to have a short discussion with a Caltrans Pedestrian and Bicycle Safety officer – and the message was simple: Cotati City written policies need to convey the intention of the City, for when there are any requested changes to Caltrans roads. This is primarily the Pedestrian and Bicycle Plan, and of course any Resolutions passed by the Council.

In 2020, 2021, 2022 there was limited activity for a Pedestrian and Bicycle Plan update, mostly Community Development staff collecting feedback from residents. Starting in 2023 then Mayor Harvey and the Council supported the Community Development staff in applying for a grant from SCTA to be the first in the County to update the Active Transportation Plan (ATP). This year with the active support of Mayor Sparks the ATP was completed in June, 2024 by the engineering company Fehr and Peers. This document includes identifying the pedestrian and bicycle boulevard on W Cotati Ave, and connections to an emerging pedestrian and bicycle network on the NW side of Cotati. The NW side of Cotati has had plans for 470+ new units, and this drove the need to update the SR116/W Cotati Ave junction for safe vehicular access. Council supported the new paradigm of short pedestrian and bicycle connections in the urbanizing area.
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W h i t e P a p e r S a f e t y C r o s s i n g S R 1 1 6 P g 3 Caltrans has its own Bay Area Active Tansportation Plan 2021 report, including the costs of un-safe roads – and Caltrans identifies: 407 people died, and 880 were severely injured, in the more than 5,000 crashes that involved pedestrians on Bay Area roadways of all kinds between 2015 and 2019. Of course, Cotati also had the traffic pedestrian death Nov 16, 2020 at junction Myrtle/Macklin Dr.

The Cotati SR116/W Cotati Ave preliminary “35% Plan” documents were completed earlier this year, and I made a comment during a General Plan progress item, March 25, 2024 with the observation that I hoped there would be adequate time for a public process to comment on the design. The preliminary “35% Plan” was published on ClearGov Aug 15,2024
In the last Council Packet Sept 10, Item 12.B was the Staff plans for this junction, and a proposed timeline, identifying the complex expertise needed to implement this major Cotati project.

In highlighting pedestrian safety, there is continuity from the Active Transportation Plan with a Memo June 4, 2024 from Fehrs&Peers ”State Route 116 Safety Improvements Project” (PdfPg 340).

Fehrs&Peers has written Caltrans reference documents “Pedestrian Safety Countermeasures Toolbox June 2019” and “Complete Intersections: A Guide to Reconstructing Intersections and Interchanges for Bicyclists and Pedestrians (2010)”
Neil Hancock, Resident Cotati
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: COTATI CULTURAL GRANT PROGRAM
Date: September 24, 2024
Written by: Ashley Wilson, Recreation Manager
Recommendation
It is recommended that the City Council of the City of Cotati adopt a resolution approving the Cotati Cultural Event Small Grant Program and replace the current City donation policy with the Cotati Cultural Event Small Grant Program.

Background
At the November 11, 2022 City Council Meeting, the City Council approved a list of measures and projects created by the Equity Ad Hoc Committee, with a goal of improving equity in the City. One of the measures directed staff to create a small grant program to bring more multicultural community events to Cotati. Outside of the Council’s equity goals, the City of Cotati also has a long history of approving fee and staff time waivers for events in La Plaza Park, no-cost license agreements (Lions Club, Rancho Coati Fire Station, Historical Society, and Chamber of Commerce), as well as supporting the Chamber of Commerce with direct grants.

At the August 13, 2024 City Council Meeting, the City Council provided feedback on the draft cultural small grant program and directed staff to bring it back for approval at a future Council meeting.

The City also has an old Donation Policy (1990-01), which is attached for reference.

Analysis/Discussion
The Cotati Cultural Event Grant Program is proposed to be held on an annual cycle, with applications due by all interested parties in November, reviewed in December, and announced in January of each year. Applications will open for the following year’s grant cycle in August.

Given that this is a pilot year, applicants would have a shorter application period for this first 137 of 175
year, with the applications opening in September if approved.

Application questions are attached in Exhibit B and will be available for online submission in English and Spanish. Paper forms will be available if requested by applicants.

Applications will be reviewed, evaluated, and ranked by an internal staff committee. The committee will recommend projects to the City Council, who will make the final decisions on which grants will be awarded.

The program is proposed to be open to new and existing events, but each event can only be awarded once. Existing events could include Oktoberfest, Accordion Festival, Shop and Stroll, Music Fest and the Farmers Market. The priority is to provide support for the first year of an event, with the hope that they will be successful and return in the future. However, given that several of the current annual community events are hosted by non-profit groups and are multicultural, it is recommended that they are also eligible to apply for the grant.

Applicants may apply for multiple events per year but only one event per applicant can be awarded per cycle. They can reapply during the following cycle for any events not awarded.

The rubric to measure grant proposals for new or ongoing multicultural events will evaluate if the proposals are promoting events that reflect the diversity of our community, and is attached in Exhibit B.

This grant program will not take the place or change the current fee waiver options in the Park Permit and Special Event Policy. The current fee waiver options allow annual events to request a full rental fee waiver during the first year of their event and a 50% fee waiver during the second year of their event, with the hopes that the event will be established enough to come back for a third year with fully assessed fees. In addition, IRS recognized non-profit groups and government organizations may request a 50% fee waiver for permit fees in any year of their event, given that the event is free to the public to attend. If an application for the small grant program is not awarded, they are still permitted to apply for a fee waiver through the park permitting process. In addition to these fee waivers and the proposed small community grant, the City is also able to provide free refuse service for community events through the franchise agreement with Recology. At this time, Recology also provides up to three (3) porta-potties for community events.

City park fees are affordable and in staffs’ experience, have not typically been a barrier to events.

The time required to plan and organize an event is generally the primary barrier that prevents people/groups from hosting community events. However, the proposed grant program may entice individuals/groups to propose an event in Cotati. It also has the potential for event organizers to retain more profits/revenue from their events. Regardless, to ensure that the grant program meets the goals of the City Council, any proposed grant program should be a limited term pilot.

Further details of the grant program are provided in Exhibit A, attached to this report.

The adoption of this small grant program proposes replacing the old donation policy (1990- 01). 138 of 175
Once approved, staff will promote the new grant program on the City’s website, social media accounts, downtown marquee, monthly newsletter, and through further outreach to known community groups.

Financial Considerations
The financial considerations for the Cotati Cultural Event Small Grant Program would be $10,000 annually. Funding would come from the City Council annual allotment through the City’s General Fund. The existing fee waiver program is not reflected in this expense account but is reflected in reduced revenue in the General Fund. No additional appropriation is required.

Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
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RESOLUTION NO. (XX)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

APPROVING THE COTATI CULURAL SMALL GRANTS PROGRAM AND USE IT AS A REPLACEMENT FOR THE OUTDATED DONATION POLICY (1990-01).

WHEREAS, the City of Cotati has a desire to implement a small grant program to bring more multicultural events to Cotati; and
WHEREAS, the City of Cotati has an outdated Donation Policy (1990-01), which is no longer in use; and
WHEREAS, the City Council finds that this grant program is part of a comprehensive economic development strategy in that new multicultural events may increase visitation to the City, promote the Cotati community and result in increased sales tax revenues; and WHEREAS, the City Council further finds that the health, safety, and welfare of the citizens of the City of Cotati will not be jeopardized by the approval of this program; and WHEREAS, the application and scoring rubric for this program is attached as Exhibit B; and
WHEREAS, the action of approving a Cultural Events Grant program does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Cotati as follows:

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

Section 2. Approvals. The Cotati Cultural Small Grant Program (Exhibit A) and application and scoring rubric (Exhibit B) are approved and adopted and will replace the City’s current Donation Policy (1990-01), which will no longer be in effect.

Section 3. Effective Date of this Resolution. This Resolution shall become effective immediately.

Section 4. Severability. Each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Cotati hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional. 140 of 175
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 September 24, 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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Exhibit A – Cotati Cultural Event Grant
What is the Cotati Cultural Event Grant? What is the purpose of the program? The Cotati Cultural Event Grant is the City of Cotati’s community grant program. Its purpose is to encourage organizations and groups to host new and multicultural events in Cotati that promote an equitable, compassionate, and healthy community, that honor diversity as a source of strength. Funding comes from the City of Cotati’s General Fund and is non-guaranteed annually.

What will the grant fund?
The grant can be used to fund new or ongoing cultural community events in Cotati.

How much can we apply for?
Applicants can apply for up to $5000, which is the maximum grant award. Up to $10,000 in awards may be granted in each annual cycle of funding, dependent upon budget availability.

The amount of the grant award will be determined by the amount available. Funding for the Cotati Cultural Event Grant is limited; not all applications will be awarded.

Who can apply?
Any local organization or non-profit or individuals or small groups who are partnering with an organization or non-profit with event experience is eligible to apply for the grant. Grants will not be awarded to groups who propose events that promote hate, discrimination of any kind, or political lobbying.

What is the grant cycle time frame?
Applications will open in August and close in November. All applications are reviewed in December and awards will be announced in January. Awards will be sent out in two payments.

The first half will be sent out in late January or February following the announcements, and completion of required paperwork. The second half will be sent out approximately 30 days prior to the event. The performance period will be from April to November of the year awarded.

How will grants be selected?
Applications will be reviewed, evaluated, and ranked by an internal staff committee. The committee will recommend projects to the City Council, who will make the final decisions on which grants will be awarded.

Can grants be awarded to the same applicant more than once? To provide a diverse use of funds, applicants can only receive one award per cycle. Groups may submit multiple applications per cycle, but only one per group may be awarded.

Can applicants apply for on-going funding?
No. Each event can be awarded one time. Applicants can apply for multiple events, but each event is only eligible for one award. Applicants who are not selected for an award may apply multiple times.
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When must the event take place?
Each awardee must host their event during the performance period each year, between April and November of the year awarded. Special circumstances may be approved to host an event outside of the performance period and will be reviewed on a case-by-case basis.

What happens if an awardee cancels their event after receiving a grant? If a grant recipient does not follow through with the proposed event after being awarded, the awardee will be responsible for returning all grant funds to the City and may be ineligible to receive additional grant awards.

If awarded, will the City of Cotati waive permit and other fees associated with the event? Awarded applicants should include applicable City fees with their application. Waivers may be considered for City permits addressed in the application, to be approved by the City Council on a case-by-case basis.

How will awardees be notified?
Grant awardees will be notified via email, phone, or post when selected. The City will communicate with the primary contact listed on the application.

Applicants not selected to receive grant funds will be notified as well.

How will the grant funding be dispersed?
Checks will be mailed to the awardees at the address listed on the grant application. 143 of 175
Cotati Cultural Event Grant Program Application
Event Title: ___________________________________________________________________ Applicant Name: _______________________________________________________________ Applicant Physical Address: ______________________________________________________ City: _____________________________________ State: _____________ Zip: _____________ Contact Name: __________________________________ Title: __________________________ Applicant Telephone: ______________________ Applicant Email: _______________________ Budget:

Total Project Budget: _______________________
Applicant Cash Match: ______________________
In-Kind Resources: _________________________
Grant Request Amount: ______________________
Event Narrative Questions:

Please provide an event description:

How will your event promote diversity in the Cotati community? How will your event promote inclusivity and access in the Cotati community? How are you/your organization suited to produce this event? Please provide community resources that will be used if applicable (volunteers, vendors, local contributions, etc.)? 144 of 175
What are your goals for this event? What population are you aiming to serve? Using measurable amounts whenever possible, please explain how you will know if you have succeeded in your goals.

How will you be able to host successfully continue your proposed event in future years, without Cotati Cultural Grant funding?
How does your event promote community togetherness and/or a broad community appeal? Do you own/operate a Cotati business/organization? If so, please list: ___________________ Signature and Certification Letter:

I hereby certify that all the facts, figures and representations made in this application, including all attachments, are true and correct. This application is made with the written approval of my board of directors, which is attached to this application.

I agree that all publicity, press releases, publications, materials and /or media advertising produced as a part of this proposed project will acknowledge the Cotati Cultural Grant Program as an event sponsor.

I agree to carry out this project as outlined within this application. Further, I understand that failure to do so will invalidate this agreement and necessitate the immediate return of all Cotati Cultural Grant Program monies to the City of Cotati.

Signature: ____________________________________ Date: _______________________ *Grant applications must be submitted with a completed Park Use & Special Event Policy application.
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Y:\POLICIES AND PROCEDURES SOPS
(CCLK)\CCPolicyCover.merge.docx
City Council Policy No. 1990-01
Policy for Allocating Funds for Community Promotion
Adopted August 28, 1990 Resolution No. 90-47
City of Cotati
City Council Policy No. 1990-01

Policy for Allocating Funds for Community Promotion
________________________________________________
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: AWARD CONSTRUCTION CONTRACT FOR THE PUTNAM
PARK IMPROVEMENTS - PHASE 1 PROJECT
Date: September 24, 2024
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution awarding the Construction agreement for the Putnam Park Improvements Project – Phase 1 and authorizing the City Manager to execute said agreement and any change orders or amendments to the Construction Management Agreement up to the authorized project budget amount.

Background
In late 2019, the City of Cotati (City) approved the Parks Capital Plan for all parks in Cotati. The plan includes concepts for amenities, improvements, and upgrades to Cotati parks based on community input, with planning level cost estimates and relative priorities. In 2023, the City completed capital improvements for Kotate Park and, on July 27, 2023, approved a design agreement for capital improvements to Helen Putnam Park. The design was completed for improvements, to the park but because of cost constraints, the improvements have been divided into three phases. Phase 1, generally includes parking lot lighting, pathways on the south side of the ball field, the dog park, a lawn area, and drainage and irrigation improvements. These improvements follow the recently completed Ball Field constructed by a nonprofit 501 C3 organization under a lease agreement with the City.

Analysis/Discussion
The design for all three phases of the Helen Putnam Park improvements are complete, however, bidding documents were only completed for the Phase 1 improvements. In August 2024, the Project was advertised for bidding and, on September 17, 2024, the City received and opened six bids. The bids ranged from $1,888,340 to $2,786,445 with an average of $2.4 million. The low bidder was Azul Works, Inc. with a total bid price 21.5 percent under the engineer’s estimate.

The low bidder’s bid was reviewed and found to be responsive and Staff is recommending it for 154 of 175
award. Design assistance during construction and Construction Management and Inspection services are included in the design contract, approved by the City in 2023, with Integra Planning + Landscape Architecture.

Following award, and allowing time to process the contract documents, mobilization is expected to occur in mid-October. 75 working days are specified for project completion, excluding holidays and wet weather. Weather dependent, the Project would be completed in early to late Spring 2025.

Financial Considerations
The City’s adopted FY24/25 Budget includes $2,486,000 for the Project. Staff are requesting total funding of the following:

Expenditure Source Amount
Construction $ 1,888,340
Construction Contingency (10%) $ 189,460
Design and Construction Management $ 48,200
Total $ 2,126,000
Total Adopted Budget for FY 24/25 $ 2,486,000
Balance of Budget to Unencumber $ 360,000
As the bid came in under budget, staff propose unencumbering the excess funds back for use within the general fund by reducing transfers out from the general fund and transfers in within the Capital Projects Fund.

Environmental Issues
The Project implements the General Plan and is consistent with the existing recreation facilities established by existing land use regulation, adopted Public Works Development Standards and general plan policies for which an EIR was certified. The analysis relies upon the program level analysis prepared for the 2015 City of Cotati General Plan and its EIR (SCH No. 2013082037), which was certified in 2015.

The 2015 General Plan identifies Putnam Park as on-going parkland to be made available to Cotati residents, and the ongoing provision of this parkland along with the potential impacts is analyzed in the 2015 General Plan EIR. The Project is a maintenance effort to ensure the on-going provision of parkland projected to be available to Cotati residents under the General Plan and analyzed in the General Plan EIR.

The Project would not result in substantial changes nor does it involve new information that would warrant further environmental review because the level of improvements proposed are primarily maintenance and the construction of limited new features at an existing park and within the development assumptions analyzed in the program level EIR for the General Plan. Furthermore, the Project does not contain elements that are peculiar to the project or project site(s) that would result in new or more severe environmental impacts relative to the General Plan EIR. Lastly, all adopted mitigating General Plan policies and mitigation measures identified in the 2015 General Plan EIR that apply to the Project are 155 of 175
imposed as environmental conditions of approval. With implementation of identified conditions of approval and uniformly applied development standards, the project would not result in a substantial increase in the severity or significant impacts that were previously identified in the program level EIR, nor would the project introduce any new significant impacts that were not previously identified. There would be no additional environmental impacts beyond those analyzed in the General Plan EIR, and therefore the project is exempt pursuant to California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183
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RESOLUTION NO. (XX)

RESOLUTION OF THE COUNCIL OF THE CITY OF COTATI

APPROVING A CONSTRUCTION AGREEMENT WITH AZUL
WORKS, INC FOR THE PUTNAM PARK IMPROVEMENTS – PHASE 1

PROJECT, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID

AGREEMENT AND APPROVE ANY NEEDED CHANGE ORDERS OR

AMENDMENTS UP TO THE APPROVED BUDGET AMOUNT
WHEREAS, in late 2019, the City of Cotati (City) approved the Parks Capital Plan for all parks in Cotati, and the plan includes concepts for amenities, improvements, and upgrades to Cotati parks based on community input, with planning level cost estimates and relative priorities; and
WHEREAS, in 2023, the City completed capital improvements for Kotate Park and, on July 27, 2023, approved a design agreement for capital improvements to Helen Putnam Park, and the design was completed for improvements, to the park but because of cost constraints, the improvements have been divided into three phases; and
WHEREAS, Phase 1, generally includes parking lot lighting, pathways on the south side of the ball field, the dog park, a lawn area, and drainage and irrigation improvements, and these improvements follow the recently completed ball field constructed by a nonprofit 501 C3 organization under a lease agreement with the City; and WHEREAS, the design for all three phases of the Helen Putnam Park improvements are complete, however, bidding documents were only completed for the Phase 1 improvements, and, in August 2024, the Project was advertised for bidding and, on September 17, 2024, the City received and opened six bids; and
WHEREAS, the bids ranged from $1,888,340 to $2,786,445 with an average of $2.4 million, and the low bidder was Azul Works, Inc. with a total bid price 21.5 percent under the engineer’s estimate, and the low bidder’s bid was reviewed and found to be responsive and Staff is recommending it for award, and
WHEREAS, design assistance during construction and Construction Management and Inspection services are included in the design contract, approved by the City in 2023, with Integra Planning + Landscape Architecture; and
WHEREAS, following award, and allowing time to process the contract documents, mobilization is expected to occur in mid-October, and 75 working days are specified for project completion, excluding holidays and wet weather, and weather dependent, the Project would be completed in early to late Spring 2025
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WHEREAS, the City’s adopted FY24/25 Budget includes excess funding of $360,000 from the adopted budget, as such staff are proposing unencumbering the funds for use within the General Fund, creating a revised budget total for the project of $2,126,000, and WHEREAS, the Project implements the General Plan and is consistent with the existing recreation facilities established by existing land use regulation, adopted Public Works Development Standards and general plan policies for which an EIR was certified; and WHEREAS, the analysis relies upon the program level analysis prepared for the 2015 City of Cotati General Plan and its EIR (SCH No. 2013082037), which was certified in 2015, and the project is a maintenance effort to ensure the on-going provision of parkland projected to be available to Cotati residents under the General Plan and analyzed in the General Plan EIR; and
WHEREAS, the project would not result in substantial changes nor does it involve new information that would warrant further environmental review because the level of improvements proposed are primarily maintenance and the construction of limited new features at an existing park and within the development assumptions analyzed in the program level EIR for the General Plan; and
WHEREAS, furthermore, the project does not contain elements that are peculiar to the project or project site(s) that would result in new or more severe environmental impacts relative to the General Plan EIR, and lastly, all adopted mitigating General Plan policies and mitigation measures identified in the 2015 General Plan EIR that apply to the Project are imposed as environmental conditions of approval; and
WHEREAS, with implementation of identified conditions of approval and uniformly applied development standards, the project would not result in a substantial increase in the severity or significant impacts that were previously identified in the program level EIR, nor would the project introduce any new significant impacts that were not previously identified; and WHEREAS, there would be no additional environmental impacts beyond those analyzed in the General Plan EIR, and therefore the project is exempt pursuant to California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Cotati hereby determines:

1. The recitals stated above are true and correct, and

2. Awards the construction contract for the Putnam Park Improvements – Phase 1 Project to Azul Works, Inc. for an amount of $1,888,340.00, and

3. The City Manager is authorized to execute the aforementioned construction agreement and any needed change orders up to the authorized Project budget and unencumber $360,000 from the Project in the adopted City budget and return it to the General Fund.
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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 September 24, 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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City of Cotati
Sonoma County, California
________________________________________________________________ 201 West Sierra Avenue, Cotati, CA 94931 | PHONE: 707-792-4600

NOTICE OF AWARD
Dated: September 21, 2024
To: Azul Works, Inc.

Attn: Sandra R. Hernandez, President
1400 Egbert Ave,
San Francisco, CA 94124
CONTRACT FOR: Putnam Park Improvements – Phase 1 Project The Cotati City Council, at their meeting on November 24, 2024, awarded the subject project to Azul Works, Inc. and authorized the City Manager to execute the construction contract for an amount not to exceed $1,888,340.00.

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

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

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

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

Sincerely,

CITY OF COTATI,
A General Law City of the State of California
___________________________________
Craig A. Scott, P.E
Director of Public Works/City Engineer
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Bidder #1 Bidder #2 Bidder #3
Item # Quantity Unit Unit Cost Budget Unit Cost Budget Unit Cost Budget Mobilization/Demolition
Mobilization 1 LS $98,000.00 $98,000.00 $24,000.00 $24,000.00 $116,850.00 $116,850.00 Demolition 1 LS $96,000.00 $96,000.00 $33,480.00 $33,480.00 $24,200.00 $24,200.00 Tree Protection 1 LS $10,000.00 $10,000.00 $7,800.00 $7,800.00 $18,925.00 $18,925.00 $204,000.00 $65,280.00 $159,975.00
Grading & Drainage
Erosion Control Measures 1 LS $8,000.00 $8,000.00 $4,200.00 $4,200.00 $30,435.00 $30,435.00 Earth Moving Rough Grading 1 LS $140,000.00 $140,000.00 $337,200.00 $337,200.00 $163,235.00 $163,235.00 Soil Preparation 1 LS $44,000.00 $44,000.00 $42,360.00 $42,360.00 $52,090.00 $52,090.00 Drainage/DI/Piping 1 LS $100,000.00 $100,000.00 $52,800.00 $52,800.00 $86,730.00 $86,730.00 $292,000.00 $436,560.00 $332,490.00
Flat Work, Walls, & Masonry
Concrete Flatwork 2,150 SF $22.00 $47,300.00 $34.56 $74,304.00 $25.30 $54,395.00 Tactile Protective Surfacing 2 EA $800.00 $1,600.00 $1,080.00 $2,160.00 $1,335.00 $2,670.00 Granitecrete Paving 11,000 SF $12.00 $132,000.00 $16.66 $183,216.00 $16.65 $183,150.00 Decomposed Granite 6,725 SF $6.00 $40,350.00 $9.64 $64,802.10 $8.85 $59,516.25 Gravel Road Resurfacing 1,175 SF $2.80 $3,290.00 $20.96 $24,632.70 $4.45 $5,228.75 12" Concrete Curb (Dog Park Fence) 760 LF $100.00 $76,000.00 $82.08 $62,380.80 $56.50 $42,940.00 12" Concrete Curb (Lawn) 670 LF $50.00 $33,500.00 $77.64 $52,018.80 $56.50 $37,855.00 Concrete Seat Walls 32 SF $560.00 $17,920.00 $495.60 $15,859.20 $1,620.00 $51,840.00 $351,960.00 $479,373.60 $437,595.00
Mobilization/Demolition Total
Grading & Drainage Total
Flat Work, Walls, & Masonry Total
Azul Works Inc Scheder & Brant M.E. Inc. Brightview

BID TAB SUMMARY SHEET
Putnam Park Improvements - Phase 1
Located in the City of Cotati
Bid Opening Date: 09/17/2024
Engineer's Estimate: $1,949,950.00
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Bidder #1 Bidder #2 Bidder #3
Item # Quantity Unit Unit Cost Budget Unit Cost Budget Unit Cost Budget Azul Works Inc Scheder & Brant M.E. Inc. Brightview
Carpentry & Metal Work
Wood/Wire 42" Fence 760 LF $160.00 $121,600.00 $155.89 $118,477.92 $162.00 $123,120.00 Metal/Wire Gate (4ft.) 2 EA $5,600.00 $11,200.00 $5,400.00 $10,800.00 $4,250.00 $8,500.00 Metal/Wire Double Gate (10ft.) 2 EA $8,200.00 $16,400.00 $8,100.00 $16,200.00 $4,937.50 $9,875.00 Metal Edging 2,450 LF $12.00 $29,400.00 $12.00 $29,400.00 $18.15 $44,467.50 $178,600.00 $174,877.92 $185,962.50
Site Amenities
Drinking Fountain/Bottle Filler/Dog Bowl 1 EA $16,000.00 $16,000.00 $15,240.00 $15,240.00 $27,425.00 $27,425.00 Benches (Back) 18 EA $3,600.00 $64,800.00 $4,920.00 $88,560.00 $4,280.00 $77,040.00 Benches (Backless) 14 EA $4,200.00 $58,800.00 $3,816.00 $53,424.00 $3,985.00 $55,790.00 Trash & Recycle Receptacle 14 EA $3,400.00 $47,600.00 $3,540.00 $49,560.00 $4,100.00 $57,400.00 Pet Waste Station 5 EA $960.00 $4,800.00 $720.00 $3,600.00 $1,285.00 $6,425.00 Bike Racks 6 EA $680.00 $4,080.00 $612.00 $3,672.00 $765.00 $4,590.00 Picnic Table (6Ft.) 7 EA $5,000.00 $35,000.00 $4,800.00 $33,600.00 $3,910.00 $27,370.00 Picnic Table (6Ft. - ADA) 3 EA $5,000.00 $15,000.00 $4,680.00 $14,040.00 $3,720.00 $11,160.00 Picnic Table (5Ft. Sq.) 1 EA $8,000.00 $8,000.00 $8,160.00 $8,160.00 $7,835.00 $7,835.00 Fitness Stations (4 Stations) 4 EA $5,200.00 $20,800.00 $12,930.00 $51,720.00 $7,960.00 $31,840.00 Funding Signage (Installation Only) 1 EA $1,400.00 $1,400.00 $600.00 $600.00 $810.00 $810.00 Interpertive Signage (Installation Only) 2 EA $1,200.00 $2,400.00 $600.00 $1,200.00 $810.00 $1,620.00 $278,680.00 $323,376.00 $309,305.00
Utilities & Electrical
Plumbing (Sewer & Water) 1 LS $30,000.00 $30,000.00 $9,720.00 $9,720.00 $6,160.00 $6,160.00 Electrical Distr./Conduit/Outlets/Equip. 1 LS $28,000.00 $28,000.00 $41,160.00 $41,160.00 $42,875.00 $42,875.00 Backflow Prevention Device & Enclosure 1 EA $6,000.00 $6,000.00 $6,600.00 $6,600.00 $7,615.00 $7,615.00 Post Top Light - Parking Lot 3 EA $2,000.00 $6,000.00 $12,864.00 $38,592.00 $13,400.00 $40,200.00 Bollard Light 1 EA $24,000.00 $24,000.00 $4,020.00 $4,020.00 $4,185.00 $4,185.00 $94,000.00 $100,092.00 $101,035.00
Carpentry & Metal Work Total
Site Amenities Total
Utilities & Electrical Total
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Bidder #1 Bidder #2 Bidder #3
Item # Quantity Unit Unit Cost Budget Unit Cost Budget Unit Cost Budget Azul Works Inc Scheder & Brant M.E. Inc. Brightview
Planting & Irrigation
Controller Assembly 3 EA $10,000.00 $30,000.00 $10,560.00 $31,680.00 $15,135.00 $45,405.00 Weather Sensor 1 EA $440.00 $440.00 $432.00 $432.00 $510.00 $510.00 Hydrometer 3 EA $3,800.00 $11,400.00 $3,642.00 $10,926.00 $5,280.00 $15,840.00 Drip (wires, piping, valves, etc.) 25,000 SF $4.00 $100,000.00 $3.90 $97,500.00 $1.20 $30,000.00 Spray (wires, piping, valves, etc.) 59,900 SF $2.00 $119,800.00 $2.04 $122,196.00 $2.35 $140,765.00 Tree (24" Box) 20 EA $580.00 $11,600.00 $570.00 $11,400.00 $535.00 $10,700.00 Tree (15 Gal.) 30 EA $340.00 $10,200.00 $330.00 $9,900.00 $350.00 $10,500.00 Shrub/Groundcover 25,000 SF $1.20 $30,000.00 $1.20 $30,000.00 $2.50 $62,500.00 Lawn Sod (Dog Park/Lawn Area) 59,900 SF $1.20 $71,880.00 $1.20 $71,880.00 $1.10 $65,890.00 Gopher wire (Dog Park/Lawn Area) 70,000 SF $1.20 $84,000.00 $1.20 $84,000.00 $1.85 $129,500.00 Mulch (3") 230 CY $86.00 $19,780.00 $84.00 $19,320.00 $115.00 $26,450.00 $489,100.00 $489,234.00 $538,060.00
Total Construction Costs
Planting & Irrigation Total
$1,888,340.00 $2,068,793.52 $2,064,422.50
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Bidder #1
Item # Quantity Unit
Mobilization/Demolition
Mobilization 1 LS
Demolition 1 LS
Tree Protection 1 LS
Grading & Drainage
Erosion Control Measures 1 LS
Earth Moving Rough Grading 1 LS
Soil Preparation 1 LS
Drainage/DI/Piping 1 LS
Flat Work, Walls, & Masonry
Concrete Flatwork 2,150 SF
Tactile Protective Surfacing 2 EA
Granitecrete Paving 11,000 SF
Decomposed Granite 6,725 SF
Gravel Road Resurfacing 1,175 SF
12" Concrete Curb (Dog Park Fence) 760 LF
12" Concrete Curb (Lawn) 670 LF
Concrete Seat Walls 32 SF
Mobilization/Demolition Total
Grading & Drainage Total
Flat Work, Walls, & Masonry Total

BID TAB SUMMARY SHEET
Putnam Park Improvements - Phase 1
Located in the City of Cotati
Bid Opening Date: 09/17/2024
Engineer's Estimate: $1,949,950.00
Bidder #4 Bidder #5 Bidder #6
JPB Designs Inc. Zara Construction
Unit Cost Budget Unit Cost Budget Unit Cost Budget
$170,000.00 $170,000.00 $200,000.00 $200,000.00 $130,000.00 $130,000.00 $21,500.00 $21,500.00 $75,000.00 $75,000.00 $50,000.00 $50,000.00 $18,000.00 $18,000.00 $15,000.00 $15,000.00 $30,000.00 $30,000.00 $209,500.00 $290,000.00 $210,000.00
$16,750.00 $16,750.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $126,000.00 $126,000.00 $40,000.00 $40,000.00 $420,000.00 $420,000.00 $76,000.00 $76,000.00 $30,000.00 $30,000.00 $90,000.00 $90,000.00 $65,500.00 $65,500.00 $50,000.00 $50,000.00 $85,000.00 $85,000.00 $284,250.00 $130,000.00 $610,000.00
$36.00 $77,400.00 $32.00 $68,800.00 $45.00 $96,750.00
$1,395.00 $2,790.00 $5,000.00 $10,000.00 $1,000.00 $2,000.00 $24.00 $264,000.00 $15.00 $165,000.00 $17.00 $187,000.00 $25.00 $168,125.00 $12.00 $80,700.00 $25.00 $168,125.00 $15.00 $17,625.00 $25.00 $29,375.00 $30.00 $35,250.00
$106.00 $80,560.00 $60.00 $45,600.00 $87.00 $66,120.00
$73.00 $48,910.00 $60.00 $40,200.00 $75.00 $50,250.00
$625.00 $20,000.00 $150.00 $4,800.00 $300.00 $9,600.00
$679,410.00 $444,475.00 $615,095.00
M3 Integrated Services
4 164 of 175
Bidder #1
Item # Quantity Unit
Carpentry & Metal Work
Wood/Wire 42" Fence 760 LF
Metal/Wire Gate (4ft.) 2 EA
Metal/Wire Double Gate (10ft.) 2 EA
Metal Edging 2,450 LF
Site Amenities
Drinking Fountain/Bottle Filler/Dog Bowl 1 EA
Benches (Back) 18 EA
Benches (Backless) 14 EA
Trash & Recycle Receptacle 14 EA
Pet Waste Station 5 EA
Bike Racks 6 EA
Picnic Table (6Ft.) 7 EA
Picnic Table (6Ft. - ADA) 3 EA
Picnic Table (5Ft. Sq.) 1 EA
Fitness Stations (4 Stations) 4 EA
Funding Signage (Installation Only) 1 EA
Interpertive Signage (Installation Only) 2 EA
Utilities & Electrical
Plumbing (Sewer & Water) 1 LS
Electrical Distr./Conduit/Outlets/Equip. 1 LS
Backflow Prevention Device & Enclosure 1 EA
Post Top Light - Parking Lot 3 EA
Bollard Light 1 EA
Carpentry & Metal Work Total
Site Amenities Total
Utilities & Electrical Total
Bidder #4 Bidder #5 Bidder #6
JPB Designs Inc. Zara Construction
Unit Cost Budget Unit Cost Budget Unit Cost Budget
M3 Integrated Services
$165.00 $125,400.00 $148.00 $112,480.00 $250.00 $190,000.00 $6,225.00 $12,450.00 $6,500.00 $13,000.00 $5,000.00 $10,000.00 $8,750.00 $17,500.00 $8,500.00 $17,000.00 $5,000.00 $10,000.00 $21.00 $51,450.00 $50.00 $122,500.00 $15.00 $36,750.00
$206,800.00 $264,980.00 $246,750.00
$23,000.00 $23,000.00 $10,000.00 $10,000.00 $5,500.00 $5,500.00 $3,900.00 $70,200.00 $4,500.00 $81,000.00 $2,300.00 $41,400.00 $3,600.00 $50,400.00 $4,000.00 $56,000.00 $2,500.00 $35,000.00 $3,300.00 $46,200.00 $4,000.00 $56,000.00 $2,800.00 $39,200.00 $850.00 $4,250.00 $3,000.00 $15,000.00 $3,200.00 $16,000.00 $1,000.00 $6,000.00 $2,000.00 $12,000.00 $500.00 $3,000.00 $4,500.00 $31,500.00 $4,500.00 $31,500.00 $2,500.00 $17,500.00 $8,200.00 $24,600.00 $4,000.00 $12,000.00 $5,000.00 $15,000.00 $8,000.00 $8,000.00 $8,500.00 $8,500.00 $2,000.00 $2,000.00 $7,750.00 $31,000.00 $80,000.00 $80,000.00 $8,000.00 $32,000.00 $2,550.00 $2,550.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $1,300.00 $2,600.00 $1,000.00 $2,000.00 $2,000.00 $4,000.00 $300,300.00 $365,000.00 $212,600.00
$17,500.00 $17,500.00 $60,000.00 $60,000.00 $57,000.00 $57,000.00 $47,300.00 $47,300.00 $75,000.00 $75,000.00 $89,000.00 $89,000.00 $9,500.00 $9,500.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $9,000.00 $27,000.00 $10,000.00 $30,000.00 $4,500.00 $13,500.00 $5,575.00 $5,575.00 $50,000.00 $50,000.00 $8,000.00 $8,000.00 $106,875.00 $230,000.00 $182,500.00
5 165 of 175
Bidder #1
Item # Quantity Unit
Planting & Irrigation
Controller Assembly 3 EA
Weather Sensor 1 EA
Hydrometer 3 EA
Drip (wires, piping, valves, etc.) 25,000 SF
Spray (wires, piping, valves, etc.) 59,900 SF
Tree (24" Box) 20 EA
Tree (15 Gal.) 30 EA
Shrub/Groundcover 25,000 SF
Lawn Sod (Dog Park/Lawn Area) 59,900 SF
Gopher wire (Dog Park/Lawn Area) 70,000 SF
Mulch (3") 230 CY
Total Construction Costs
Planting & Irrigation Total
Bidder #4 Bidder #5 Bidder #6
JPB Designs Inc. Zara Construction
Unit Cost Budget Unit Cost Budget Unit Cost Budget
M3 Integrated Services
$8,225.00 $24,675.00 $15,000.00 $15,000.00 $5,000.00 $15,000.00 $1,225.00 $1,225.00 $10,000.00 $10,000.00 $18,000.00 $18,000.00 $3,325.00 $9,975.00 $10,000.00 $10,000.00 $6,000.00 $18,000.00 $3.50 $87,500.00 $4.00 $100,000.00 $3.00 $75,000.00
$2.50 $149,750.00 $3.00 $179,700.00 $3.00 $179,700.00
$1,000.00 $20,000.00 $3,000.00 $60,000.00 $2,500.00 $50,000.00 $350.00 $10,500.00 $2,500.00 $75,000.00 $1,500.00 $45,000.00 $3.00 $75,000.00 $2.00 $50,000.00 $2.00 $50,000.00
$1.50 $89,850.00 $2.50 $149,750.00 $2.00 $119,800.00
$2.40 $168,000.00 $3.00 $210,000.00 $1.00 $70,000.00
$99.00 $22,770.00 $120.00 $27,600.00 $300.00 $69,000.00 $659,245.00 $887,050.00 $709,500.00
$2,446,380.00 $2,611,505.00 $2,786,445.00
6 166 of 175
Bidder #1
Item # Quantity Unit
Mobilization/Demolition
Mobilization 1 LS
Demolition 1 LS
Tree Protection 1 LS
Grading & Drainage
Erosion Control Measures 1 LS
Earth Moving Rough Grading 1 LS
Soil Preparation 1 LS
Drainage/DI/Piping 1 LS
Flat Work, Walls, & Masonry
Concrete Flatwork 2,150 SF
Tactile Protective Surfacing 2 EA
Granitecrete Paving 11,000 SF
Decomposed Granite 6,725 SF
Gravel Road Resurfacing 1,175 SF
12" Concrete Curb (Dog Park Fence) 760 LF
12" Concrete Curb (Lawn) 670 LF
Concrete Seat Walls 32 SF
Mobilization/Demolition Total
Grading & Drainage Total
Flat Work, Walls, & Masonry Total

BID TAB SUMMARY SHEET
Putnam Park Improvements - Phase 1
Located in the City of Cotati
Bid Opening Date: 09/17/2024
Engineer's Estimate: $1,949,950.00
Engineer's Estimate
Unit Cost Budget
$20,000.00 $20,000.00
$40,000.00 $40,000.00
$5,000.00 $5,000.00
$65,000.00
$10,000.00 $10,000.00
$60,000.00 $60,000.00
$50,000.00 $50,000.00
$40,000.00 $40,000.00
$160,000.00
$30.00 $64,500.00
$750.00 $1,500.00
$20.00 $220,000.00
$18.00 $121,050.00
$10.00 $11,750.00
$60.00 $45,600.00
$60.00 $40,200.00
$150.00 $4,800.00
$509,400.00
7 167 of 175
Bidder #1
Item # Quantity Unit
Carpentry & Metal Work
Wood/Wire 42" Fence 760 LF
Metal/Wire Gate (4ft.) 2 EA
Metal/Wire Double Gate (10ft.) 2 EA
Metal Edging 2,450 LF
Site Amenities
Drinking Fountain/Bottle Filler/Dog Bowl 1 EA
Benches (Back) 18 EA
Benches (Backless) 14 EA
Trash & Recycle Receptacle 14 EA
Pet Waste Station 5 EA
Bike Racks 6 EA
Picnic Table (6Ft.) 7 EA
Picnic Table (6Ft. - ADA) 3 EA
Picnic Table (5Ft. Sq.) 1 EA
Fitness Stations (4 Stations) 4 EA
Funding Signage (Installation Only) 1 EA
Interpertive Signage (Installation Only) 2 EA
Utilities & Electrical
Plumbing (Sewer & Water) 1 LS
Electrical Distr./Conduit/Outlets/Equip. 1 LS
Backflow Prevention Device & Enclosure 1 EA
Post Top Light - Parking Lot 3 EA
Bollard Light 1 EA
Carpentry & Metal Work Total
Site Amenities Total
Utilities & Electrical Total
Engineer's Estimate
Unit Cost Budget
$120.00 $91,200.00
$1,000.00 $2,000.00
$2,500.00 $5,000.00
$30.00 $73,500.00
$171,700.00
$15,000.00 $15,000.00
$3,500.00 $63,000.00
$2,800.00 $39,200.00
$1,500.00 $21,000.00
$750.00 $3,750.00
$500.00 $3,000.00
$4,000.00 $28,000.00
$4,000.00 $12,000.00
$6,000.00 $6,000.00
$7,500.00 $30,000.00
$1,000.00 $1,000.00
$1,000.00 $2,000.00
$223,950.00
$5,000.00 $5,000.00
$12,000.00 $12,000.00
$6,000.00 $6,000.00
$7,500.00 $22,500.00
$4,000.00 $4,000.00
$49,500.00
8 168 of 175
Bidder #1
Item # Quantity Unit
Planting & Irrigation
Controller Assembly 3 EA
Weather Sensor 1 EA
Hydrometer 3 EA
Drip (wires, piping, valves, etc.) 25,000 SF
Spray (wires, piping, valves, etc.) 59,900 SF
Tree (24" Box) 20 EA
Tree (15 Gal.) 30 EA
Shrub/Groundcover 25,000 SF
Lawn Sod (Dog Park/Lawn Area) 59,900 SF
Gopher wire (Dog Park/Lawn Area) 70,000 SF
Mulch (3") 230 CY
Total Construction Costs
Planting & Irrigation Total
Engineer's Estimate
Unit Cost Budget
$7,500.00 $22,500.00
$900.00 $900.00
$2,500.00 $7,500.00
$4.00 $100,000.00
$5.00 $299,500.00
$850.00 $17,000.00
$500.00 $15,000.00
$2.50 $62,500.00
$2.00 $119,800.00
$1.50 $105,000.00
$90.00 $20,700.00
$770,400.00
$1,949,950.00
9 169 of 175
Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: AWARD OF CONTRACT TO CODA TECHNOLOGY GROUP

FOR COTATI CITY HALL, CITY COUNCIL CHAMBERS

AUDIO VISUAL SYSTEM UPGRADES
Date: September 24, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended the City of Cotati City Council adopt a resolution awarding the construction agreement for the Cotati City Hall, City Council Chambers Audio Visual System Upgrades and authorizing the City Manager to execute said agreement and any change orders up to the authorized project budget amount.

Background
The City Council Chambers Audio Visual System was originally installed in 2014 with a significant change in operations in 2020 to add live remote participation by Zoom. In the past several years, the frequency of unexpected audio or broadcast issues has increased, primarily due to the age of portions of the system and the complexity of the current system, which was backed into with the changes in 2020. As a result, the City Council directed staff to work on upgrades to the system to improve reliability. To accomplish this, the City contracted with the Shallack Collaborative to design an updated system that meets the City’s needs.

Analysis/Discussion
The Project is to replace the broadcast system to simplify the operations and improve system reliability. To save costs, some elements, such as the in-chamber audio system, are not being replaced. In general, if the components did not affect broadcast reliability or were very new, they were re-incorporated into the design.

The design was completed, and the project advertised for bidding and bids were opened on September 19, 2024. Two bids were received: one from PCD with a base bid of $366,934.00 and 170 of 175
the other from CODA Technology Group with a base bid of $253,571.95. The Engineer’s Estimate for the base bid is $260,000. The lowest responsive and responsible bidder was CODA Technology Group with a base bid of $253,571.95. As is common in most bids, the bid from CODA Technology Group included minor irregularities that the City is waiving.

The proposed project design and schedule requires the contractor to build and test the system offsite prior to installation. This would allow the contractor to install and commission the system in an extremely compressed period during the holiday break in December. The contractor has 64 working days to complete the work, so the system is complete and fully operational before the first meeting in January.

Financial Considerations
The City’s adopted Fiscal Year 24/25 Budget includes the Cotati City Hall, City Council Chambers Audio Visual System Upgrades Project with a FY24/25 budget of $306,000, which is funded by the City’s General Fund.

The lowest responsive and responsible bidder was CODA Technology Group with a base bid of $253,572. There were also three additive alternates for extended equipment licensing and conference room streaming, for $14,052. Purchasing extended licensing upfront is typically a significantly better value, but staff had this broken out as optional expense if budget was an issue. If all bid alternates were exercised, the project total would be $267,624, but this decision would not be made until later in the project once the full scope and cost of any subsequent change orders is known. This contract budget, plus the current budget balance for the design and construction management of $10,320, creates an estimated total project budget of $277,944, which is within the total project budget adopted for the fiscal year. Staff are proposing to continue to encumber these funds for the project for contingency. Excess funds would be returned upon project acceptance.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AWARDING

THE CONSTRUCTION CONTRACT FOR THE COTATI CITY HALL, CITY

COUNCIL CHAMBERS AUDIO VISUAL SYSTEM UPGRADES PROJECT TO

CODA TECHNOLOGY GROUP AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SAID AGREEMENT AND ANY NEEDED CHANGE ORDERS TO

THE CONSTRUCTION CONTRACT UP TO THE BUDGETED PROJECT AMOUNT WHEREAS, the City Council Chambers Audio Visual System was originally installed in 2014, with a significant change in operations in 2020 to add live remote participation by Zoom; and
WHEREAS, in the past several years, the frequency of unexpected audio or broadcast issues has increased, primarily due to the age of portions of the system and the complexity of the current system, which was backed into with the changes in 2020; and WHEREAS, the City Council directed staff to work on upgrades to the system to improve reliability (“Project”), subsequently authorized design work by the Shallack Collaborative and budgeted $306,000 for construction in the FY 24/25 City budget; and WHEREAS, the Project will replace the broadcast system to simplify the operations and improve system reliability; and
WHEREAS, the design was completed, the Project advertised for bidding and bids were opened on September 19, 2024; and
WHEREAS, two bids were received: one from PCD with a base bid of $366,934.00 and the other from CODA Technology Group with a base bid of $253,571.95; and WHEREAS, the Engineer’s Estimate for the base bid is $260,000; and WHEREAS, the lowest responsive and responsible bidder was CODA Technology Group with a base bid of $253,571.95; and
WHEREAS, as is common in most bids, the bid from CODA Technology Group included minor irregularities that the City is waiving; and WHEREAS, the proposed Project design and schedule requires the contractor to build and test the system off-site prior to installation to allow for construction and commission the system in an extremely compressed timeframe during the holiday break in December and be ready for the first meeting in January 2025; and
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WHEREAS, this action is found to qualify for a Class 1 Categorical Exemption under CEQA Section 15301 in that the Project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cotati:

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

2. The construction contract for the Project is awarded to CODA Technology Group for $253,571.95; and

3. The City Manager (or designee) is authorized to execute the construction contract for the Project and any needed change orders, amendments and miscellaneous Project expenses up to $306,000.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on September 24, 2024, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
173 of 175

BID TAB SUMMARY SHEET
Cotati Council Chambers
Audio Visual System Upgrades
Bid Opening Date: 09/19/2024
Engineer’s Estimate: $260,000
Item Description Coda Technologies PCD
Mobilization $39,411.70 $77,008.00
Audio System $18,020.47 $44,384.00
Assistive Listening $1,028.86 $1,039.00
Video Systems $20,970.49 $29,521.00
Broadcast Systems $108,495.94 $157,505.00
Control Systems $30,950.13 $27,780.00
Utility $30,388.98 $25,018.00
Accessories $4,405.38 $4,679.00
Total Base Bid $253,571.95 $366,934.00
Add Alt 1: Council Conference Rom $2,715.09 $1,978.00
Add Alt 2: SLA $6,970.00 $10,498.00
Add Alt 3: Extended Warranty $4,366.04 $4,588.00
Total Bid Incl. Alternates $267,623.08 $383,998.00
174 of 175
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: September 24, 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]. 175 of 175

Cotati City CouncilSeptember 24, 2024

Cotati City Council
September 24, 2024