Cancellation notice — Cotati City Council, May 10, 2022

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday May 10, 2022
6:00 PM REGULAR MEETING
Pursuant to AB 361 (2021), Teleconference Restrictions of the Brown Act Have Been Suspended, as Well as the Requirement to Provide a Physical Location for Members of the Public to Participate in the Meeting.

Cotati City Council and Planning Commission Meetings will be conducted virtually through Zoom Online video conferencing, and will still be available to watch or listen live in the following ways:

1. Using the following online livestream meeting portal link: http://cotaticityca.iqm2.com/citizens/default.aspx;

2. Cable T.V. Broadcast, local channel 28
Members of the public can participate in the meeting online by selecting “Join a Meeting” at Zoom.us. The credentials for joining the meeting are provided below:

Webinar ID: 886 8390 9204
Passcode: 452027
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:
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 5:45 pm. 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 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 a part of the record of the meeting.

If you have a disability which requires an accommodation or an alternative format to assist you in observing and commenting on this meeting, please contact the Deputy City Clerk, Kevin Patterson, at [email protected] or (707) 665- 3622 48 hours in advance to ensure arrangements for accommodation. ###
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2 nd 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.

Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda.

Cotati City Council Agenda May 10, 2022

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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.

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 nonaction 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 2021-01: 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.

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. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - APR 26, 2022 6:00 PM

5. ANNOUNCEMENTS
A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, the meeting agenda includes items labeled as Action Items, where the City Council will consider the item and citizens are afforded the opportunity to provide comments relevant to the item being discussed. The meeting agenda also includes a Citizens Business item, which is the designated place on the agenda where citizens have the right to say whatever they wish.

Cotati City Council Agenda May 10, 2022

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The City Council may, or may not, choose to respond to comments, as the Government Code allows. However, if the City Council declines to respond, it should not be perceived as giving credence to or agreeing with any statements that the City Council or its members believe are incorrect, misinformed or purposefully biased.

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org
C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to sign up with Nixle by downloading the Everbridge app from the IOS or Android app store or by texting your zip code (94931) to 888777.

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, Nixle, and Nextdoor.

6. APPROVAL OF FINAL AGENDA (ACTION)

7. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda during this period. Pursuant to City Council Policy 2021-01, 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.

8. CONSENT CALENDAR (ACTION)
A. AB 361 TELECONFERENCING RULES
It is recommended that the City Council of the City of Cotati adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361) AB 361 TELECONFERENCING RULES RESO
B. MULTIFAMILY HOUSING STREAMLINING ORDINANCE
It is recommended that the city Council adopt an ordinance amending the land use code to implement General Plan policies that will streamline the review and approval of multifamily housing development and remove barriers to multifamily housing development.

9. DIRECTION ON FUTURE AGENDA ITEMS
Cotati City Council Agenda May 10, 2022

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10. REGULAR AGENDA (ACTION)
A. POLICE POLICY COMPLIANCE REVIEW
It is recommended that the City Council review and discuss the policy compliance review of the police department.

B. POLICE 2021 ANNUAL REPORT TO THE COMMUNITY
It is recommended that the City Council receive and discuss the annual police chief report to the community for 2021.

C. CONCEPT APPEAL ORDINANCE
It is recommended that the City Council review the information provided by staff, consider the various options identified and provide direction on a potential ordinance.

11. CITY MANAGER'S REPORT

12. CITY COUNCIL MEMBER REPORTS

13. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

14. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
A. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

15. ANNOUNCEMENT OF CLOSED SESSION TOPICS/ADJOURNMENT TO

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—LITIGATION
B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(CALIFORNIA GOVERNMENT CODE SECTION 54956.9(D)(1)). JOHN PATRICK RILEY V CITY OF COTATI ET AL, CASE NO. 14:21-CV-06244- JST
C. CONFERENCE WITH UNREPRESENTED EMPLOYEES (GOVERNMENT
CODE SECTION 54957.6) CITY DESIGNATED REPRESENTATIVE: CITY MANAGER OR DESIGNEE. EMPLOYEE ORGANIZATION:

UNREPRESENTED

16. REPORT OUT OF CLOSED SESSION

17. ADJOURNMENT
Cotati City Council Agenda May 10, 2022

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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 May 6, 2022.
/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 Tuesday April 26, 2022
6:00 PM REGULAR MEETING

1. CALL TO ORDER

2. ROLL CALL
Attendee Name Title Status
Mark Landman Mayor Remote
Susan Harvey Vice Mayor Remote
Laura Sparks Councilmember Remote
Ben Ford Councilmember Remote
John C. Moore Councilmember Remote
Staff present: City Attorney John Bakker, City Manager Damien O’Bid, Deputy City Clerk Kevin Patterson, Police Chief Michael Parish, Director of Public Works/City Engineer Craig Scott, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Senior Planner JP Harries

3. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
No public comment
A. COTATI CITY COUNCIL - REGULAR MEETING - APR 12, 2022 6:00 PM RESULT: ACCEPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
B. COTATI CITY COUNCIL - STRATEGIC PLANNING SPECIAL MEETING - APR 19, 2022 6:00 PM

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Minutes Acceptance: Minutes of Apr 26, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes April 26, 2022

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RESULT: ACCEPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore

6. APPROVAL OF FINAL AGENDA (ACTION)
No changes
No public comment

7. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
No public comment.

8. CONSENT CALENDAR (ACTION)

4.A
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Minutes Acceptance: Minutes of Apr 26, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes April 26, 2022

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Susan Harvey, Vice Mayor
AYES: Landman, Harvey, Sparks, Ford, Moore
A. COMMERCIAL CANNABIS ORD. REVISIONS - RETAIL CONSUMPTION LOUNGE
B. CONTRACT - BACKFLOW TESTER

9. DIRECTION ON FUTURE AGENDA ITEMS
None

10. PUBLIC HEARINGS (ACTION)
A. MULTIFAMILY HOUSING STREAMLINING
Presentation by Senior Planner JP Harries
Councilmembers comment
Public Comment:

Stephanie Picard Bowen
After a lengthy discussion, Vice Mayor Harvey moved to introduce the ordinance as written, with the exception of removing all items as described in Item #4 on packet page 578. The City Council majority asked for a future item that permitted City Council hearings, before proceeding with Item #4.

RESULT: INTRODUCED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore

11. REGULAR AGENDA (ACTION)
A. MAYORS & COUNCILMEMBERS ASSOCIATION - ASSOCIATION
CLERK
Presentation by City Manager Damien O'Bid
Councilmembers comment
No public comment
Council gives direction to support the hiring of a Clerk for the Mayors and Councilmembers Association of Sonoma County.

4.A
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Minutes Acceptance: Minutes of Apr 26, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes April 26, 2022

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

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

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

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

16. ANNOUNCMENT OF CLOSED SESSION TOPICS/ADJOURNMENT TO

CLOSED SESSION
Mayor Landman adjourns to closed session
A. CONFERENCE WITH UNREPRESENTED EMPLOYEES (GOVERNMENT
CODE SECTION 54957.6) CITY DESIGNATED REPRESENTATIVE: CITY MANAGER OR DESIGNEE. EMPLOYEE ORGANIZATION:

UNREPRESENTED

17. REPORT OUT OF CLOSED SESSION
Mayor Landman announces that there is nothing to report out of closed session

18. ADJOURNMENT
Mayor Landman adjourns the meeting at 9:45pm

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Minutes Acceptance: Minutes of Apr 26, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Adoption of a resolution to continue conducting Council, Commission, and Committee meetings remotely due to health and safety concerns for the public Date: May 10, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council of the City of Cotati adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361)
Background
When the COVID-19 pandemic started, local agencies struggled to conduct their public meetings in compliance with the Brown Act’s public accessibility requirements while still abiding by stayat-home orders. As a result, Governor Newsom signed Orders N-25-20, N-29-20, and N-35-20 to grant local agencies the flexibility to meet remotely during the COVID-19 pandemic. These orders expired on September 30, 2021.

On September 16, 2021, Governor Newsom signed into law AB 361 – Brown Act: Remote Meetings During Emergencies. AB 361 went into effect immediately upon signature by the governor. It amends the Brown Act to allow local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology under specified conditions.

There are key differences between the Executive Orders, which expired September 30, 2021, and AB 361. AB 361 imposes requirements with respect to public comment, however, the City of Cotati currently satisfies legal requirements with respect to live public comment via Zoom in alignment with AB 361. Additionally, public agencies must either make findings by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that health officials continue to impose or recommend measures to promote social distancing. These conditions continue to exist. Determinations by the local agency that the emergency impacts the ability to meet safely in person must be revisited every 30 days.

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Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. In addition, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.

Continuing the remote meetings would provide for a consistent meeting format until the pandemic emergency is lifted.

Analysis/Discussion
AB 361 amends Government Code Section 54953 to provide an alternative to having the public access the locations where City Councilmembers are teleconferencing in from. To have teleconference public meetings, without providing access to City Councilmember’s private residences, the City Council must pass a resolution stating that they have reconsidered the circumstances of the COVID-19 state of emergency and that any of the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Commissions, and Committees to meet safely in person; and

2. State or local officials continue to impose or recommend measures to promote social distancing.

This Resolution makes the findings to confirm the current conditions to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the commissions and committees created by the City Council pursuant to Government Code section 54952(b). The Resolution authorizes teleconference meetings including hybrid meetings held both via teleconference and in-person. This Resolution will allow members of the public to safely observe and participate in local government teleconference meetings during the continued pandemic.

AB 361 requires City Council to make these findings every 30 days to continue teleconference hearings. If adopted, staff will agendize this item once a month until the state of emergency is over, or City Council no longer believes teleconference meetings are necessary.

If the Resolution is not adopted, the City will be required to hold public meetings in-person or conduct teleconference meetings pursuant to subsection 54953(b)(3) of the California Government Code which will require posting of the agenda at each teleconference location and for the public to be admitted to each teleconference location.

Financial Considerations
There are no direct financial impacts from enactment of the proposed resolution.

Environmental Issues

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

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS DURING A DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE 54953 (AB 361) WHEREAS, the City Council of the City of Cotati is committed to ensuring public access to observe and participate in local government meetings; and WHEREAS, all meetings of the City Council and its other legislative bodies created pursuant to Government Code section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, the Governor signed Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings by teleconference or by other means; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21 which ended the provisions of Executive Order N-29-20 on September 30, 2021; and WHEREAS, on September 16, 2021, the Governor signed AB 361 (2021) into law allowing legislative bodies to continue to conduct meetings via teleconferencing under specified conditions, including the requirement that the legislative body make specified findings. AB 361 (2021) took effect on October 1, 2021; and WHEREAS, AB 361 requires that, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, the legislative body shall make findings that it reconsidered the circumstances of the state of emergency and that either the state of emergency continues to directly impact the ability of the members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and WHEREAS, State and local health officials have imposed and recommended social distancing measures for the protection of public health and safety in response to COVID-19; and
WHEREAS, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19; and WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and Packet Pg. 13
members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including its variants; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies.

Based on the California Governor’s continued declaration of a State of Emergency and the Sonoma County Public Health Officer’s recommendation to continue teleconferencing or social distancing during public meetings, the City Council finds that the conditions continue to exist pursuant to Government Code sections 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

Section 3. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.

Section 4. Effective Date. This Resolution shall take effect immediately and shall be in effect for a period of 30 days from the date of adoption. The City Council may reconsider the circumstances necessitating this resolution within 30 days of the adoption of this resolution.

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 May 10th, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
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City Attorney
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Second reading of an ordinance amending the Cotati Land Use Code to streamline the review of certain multifamily projects and remove barriers to multifamily housing development
Date: May 10, 2022
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the city Council adopt an ordinance amending the land use code to implement General Plan policies that will streamline the review and approval of multifamily housing development and remove barriers to multifamily housing development.

Background
On April 26, 2022, the City Council introduced the attached ordinance intended to implement certain General Plan policies that will streamline the review and permitting of certain multifamily projects and remove barriers to multifamily housing development.

As discussed in the attached staff report from the April 26 meeting, the proposed ordinance amends the land use code to be consistent with certain action items and programs set forth in the Cotati General Plan, and does the following:

1. Increases the maximum allowed lot coverage on parcels in the NM (Neighborhood, Medium Density) zoning districts from 50% to 55%.

2. Increases the maximum allowed lot coverage on parcels in the NU (Neighborhood, Urban) zoning districts from 60% to 75%.

3. Allows for 35-foot-tall structures in the NU zoning district without the need for a use permit.

At the April 26 meeting, the City Council also considered a section of the ordinance that would have eliminated the requirement for a use permit to develop multifamily housing in the NM and NU zoning districts; however, after a significant amount of discussion, the City Council decided to remove that section from the ordinance and table the discussion on that item until a later date.

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Attachments:

Staff Report - City Council April 26, 2022 (DOC)
Resolution PC 2022-3_Multifamily streamlining (PDF)

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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Introduction of an ordinance amending the Cotati Land Use Code to streamline the review and permitting of certain multifamily housing projects and remove barriers to multifamily housing development.

Date: April 26, 2022
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the City Council hold a public hearing and introduce the ordinance amending Title 17 of Cotati Municipal Code (Land Use) to streamline the review and permitting of certain multifamily housing projects and remove barriers to multifamily housing development.

Background
The attached proposed ordinance is intended to implement several of the action items and programs set forth in Cotati’s General Plan that would streamline the review and permitting of certain multifamily housing projects and remove barriers to multifamily development.

Multifamily development is permitted in the residential NM (Neighborhood, Medium Density) and NU (Neighborhood, Urban) zoning districts, and can also be developed as part of a mixeduse project in the city’s commercial zones and specific plan areas. The proposed ordinance would only affect multifamily projects in the NM and NU zoning districts and amends the Land Use Code as follows:

1. Increases the maximum allowed land coverage on parcels in the NM zoning districts from 50% to 55%.

2. Increases the maximum allowed land coverage on parcels in the NU zoning districts from 60% to 75%.

3. Increases the maximum allowed height in the NU zoning district from 28 feet to 35 feet.

Currently, structures in the NU zoning district can be built to 35 feet in height only if granted a use permit or if 40 percent or more of the units in the development will be affordable to extremely low- and very low-income households.

4. Removes the requirement for a use permit to develop multifamily housing in the NM (Neighborhood, Medium Density) and NU (Neighborhood, Urban) zoning districts, and would identify multifamily housing development as a Permitted Use in the MN and NU

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Attachment: Staff Report - City Council April 26, 2022 (Multifamily housing streamlining ordinance) zoning districts. New or expanded multifamily developments, however, would still be subject to discretionary Design Review approval by the Planning Commission or City Council depending on the project.

Analysis/Discussion
Meeting the housing needs of Cotati’s residents as well as accommodating the city’s share of regional housing needs is identified as an important goal for Cotati in the city’s General Plan and its Housing Element. Cotati’s General Plan identifies many goals, policies, and programs related to the retention and development of affordable and market-rate housing. Among them are several specific action items and programs related to multifamily housing development that would streamline the review and permitting of certain multifamily housing projects and remove some barriers to multifamily housing development, including the following:

General Plan - Land Use Element
• Action LU 1b: Review the standards provided in the Land Use Code and amend as necessary for consistency with General Plan policies and allowed uses, including:
o Increase maximum building height in the Neighborhood, Urban zone to 35 feet, without the requirement for a use permit.
o Increase the maximum site coverage to 55% in the Neighborhood, Medium Density zone and to 75% in the Neighborhood, Urban zone. • Action LU 4a: Review and update the City’s development permitting process to provide a streamlined and straightforward process. At a minimum, the review may consider:
o Methods to streamline and simplify the process, including the process for review by City staff as well as various committees and commissions. o Opportunities to reduce redundancies and delays.

General Plan - Housing Element
• Program 2-6: Barrier Removals for Multi-Family Development o The Land Use Code will be amended to remove two potential barriers to the provision of multi-family housing. One amendment will be to remove the Conditional Use Permit requirement for multi-family development of five or more units in the NU Zone, and the second is to reduce the parking requirements for studio, one-, two-, and three-bedroom units (currently 2.25 spaces) to one space for studio and one-bedroom units and no more than two spaces for two- and threebedroom units. • Program 3-9: Monitor Use Permit Requirements for Affordable Housing o Monitor the requirement for a Use Permit for multi-family projects larger than 4 units in the NU Zone to ensure that affordable housing projects are being accommodated. If the requirement for a Use Permit is shown to be an impediment

8.B.a
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Attachment: Staff Report - City Council April 26, 2022 (Multifamily housing streamlining ordinance) to the development of affordable housing projects in the NU Zone, review the feasibility of allowing multi-family projects larger than 4 units in the NU Zone as a Permitted Use.

Amendments to certain development standards to be consistent with the General Plan Action LU 1b, noted above, directs the city to amend or “clean up” its zoning code to be consistent with specific development policies adopted as part of the General Plan. The General Plan development policies addressed in the proposed ordinance include: 1) increasing the maximum amount of land coverage allowed on parcels in the NM zoning districts from 50% to 55%, 2) increasing the maximum amount of land coverage allowed on parcels in the NU zoning districts from 60% to 75%, and 3) allowing for 35-foot-high structures without a use permit in the NU zoning district.

Changing these zoning code standards to be consistent with the General Plan will remove barriers to multifamily housing development by allowing for a small, but not insignificant, increase in development capacity in the NM and NU zoning districts. Developers have expressed that the land coverage limitations can make it difficult to achieve density minimums and provide adequate parking. Increasing the amount of allowable land coverage in the NM and NU districts will allow for larger structures and parking areas and will help to alleviate this barrier to multifamily development. Similarly, allowing for 35-foot-tall structures in the NU zoning district without a Use Permit can serve to streamline the review and permitting of multifamily housing projects. As further discussed below, City approval of multifamily housing projects will not be a ministerial procedure and such projects will still be subject to a public discretionary Design Review process and the City will be required to make findings similar to those for a Use Permit prior to project approval.

Elimination of Use Permit requirement for multifamily projects in NM and NU zones Eliminating the Use Permit requirement for multifamily housing developments is a permit streamlining measure that contributes to implementation of General Plan Action LU 4a and Housing Element Programs 2-6 and 3-9 identified above. The proposed draft ordinance would eliminate the Use Permit requirement for all multifamily housing projects located in the NM and NU zoning districts (see Figure 1 on the following page).

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Attachment: Staff Report - City Council April 26, 2022 (Multifamily housing streamlining ordinance) Figure 1 – Cotati Zoning Map
* Note: There are no NM or NU zoning districts located west of Highway 101

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Attachment: Staff Report - City Council April 26, 2022 (Multifamily housing streamlining ordinance) Housing Element Programs 2-6 and 3-9 specifically direct the city to consider eliminating the use permit requirement in the NU zoning districts. This amendment is included in the draft ordinance. Additionally, the proposed ordinance includes NM in the zoning districts where a use permit would not be required. Staff has included the NM district in the proposed ordinance because eliminating the use permit requirement implements the more general direction provided in Action LU4a and, as further discussed below, will not make the review and permitting of multifamily developments a ministerial process or allow future multifamily developments byright. Design review approval from the Planning Commission or City Council at a noticed public hearing would still be required.

The NM and NU zoning districts are areas where the City has already determined multifamily housing development is appropriate and desirable. The primary effects from eliminating the use permit requirement in NM and NU zoning districts would be that the California Environmental Quality Act (CEQA) review would be limited to aspects of design review, and the city would not be required to make certain use permit findings prior to project approval. However, since multifamily housing projects will remain subject to design review approval, the City will be required to make the certain findings prior to project approval. As shown in the following table, the findings to approve a use permit are very similar to the findings to approve design review and are largely redundant.

Staff report continues on the following page

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Attachment: Staff Report - City Council April 26, 2022 (Multifamily housing streamlining ordinance) Table 1 – Use Permit v. Design Review Findings
Use Permit Findings
CMC §17.62.050(F)
Design Review Findings
CMC §17.62.040(F-G)

1. The proposed use is allowed within the
applicable zoning district and complies with
all other applicable provisions of this land
use code and the municipal code;

2. The proposed use is consistent with the
general plan and any applicable specific
plan;

3. The design, location, size, and operating
characteristics of the proposed activity are
compatible with the existing and future land
uses in the vicinity;

4. The site is physically suitable for the type,
density and intensity of use being proposed,
including access, utilities, and the absence
of physical constraints; and

5. Granting the permit would not be
detrimental to the public interest, health,
safety, convenience, or welfare, or
materially injurious to persons, property, or
improvements in the vicinity and zoning
district in which the property is located.

1. Project complies with Section 17.62.040
(Design Review);

2. Provides architectural design, building
massing and scale appropriate to and
compatible with the site surroundings and
the community;

3. Provides attractive and desirable site layout
and design, including building
arrangement, exterior appearance and
setbacks, drainage, fences and walls,
grading, landscaping, lighting, signs, etc.;

4. Provides efficient, safe, and visually
attractive public access, circulation and
parking;

5. Provides appropriate open space and
landscaping, including the use of waterefficient landscaping, and native plants where appropriate;

6. Addresses site planning design
considerations related to city services,
traffic flows and patterns, and
environmental conditions in a manner that
ensures maximum aesthetic cohesiveness;

7. Is consistent with the general plan and
applicable specific plans; and

8. Complies with any applicable city design
guidelines, design standards, and/or design
review policies.

Given the city’s examination and consideration of areas when they are initially zoned for multifamily development, the redundancy in the findings to approve design review and the findings to approve a use permit, and given that all areas zoned NM and NU in the city are urban infill locations, Staff has concluded that there would be minimal adverse impacts or reduced project scrutiny by eliminating the use permit requirement for multifamily housing projects located in the NM and NU zoning districts.

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Attachment: Staff Report - City Council April 26, 2022 (Multifamily housing streamlining ordinance) Planning Commission
On March 7, 2022, the Planning Commission, by a vote of 3 to 1, adopted Resolution PC-2022-3 recommending City Council approval of the proposed ordinance (see Exhibit A). The Commission questioned how the development potential of individual parcels would be affected by the ordinance, and sought clarification on the differences between use permit approvals and design review approvals. The Commission was supportive of the ordinance, but one dissenting Commissioner felt that some multifamily projects could have a significant impact on a neighborhood and that the use permit requirement allowed for increased scrutiny and evaluation of a project beyond its design.

Financial Considerations
The proposed ordinance will not have a direct adverse financial impact on the city. The staff time to prepare the ordinance will be reimbursed through a portion of the SB 2 Planning Grant awarded to the city in 2019. Staff time to review and process multifamily housing projects is recovered through design review application and building permit fees.

Environmental Issues
Section 15168(c) of the California Environmental Quality Act (CEQA) Guidelines provides that certain projects are exempt from further environmental review if they are consistent with a previously adopted General Plan Environmental Impact Report (EIR). CEQA Guidelines Section 15168(c) states that “later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared.” The proposed code changes are a “later activity” of the program EIR that was certified for the Cotati General Plan. Relative to what was analyzed in the program level EIR, the proposed code changes do not result in environmental effects that were not previously examined. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, no subsequent or supplemental EIR is required. In accordance with CEQA Guidelines Section 15168(c)(2), the City can “approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.” Further, the requirement that multifamily housing developments must receive Design Review approval (a discretionary action) ensures multifamily housing projects will undergo environmental review under CEQA to address site specific environmental concerns.

Cotati General Plan EIR
The Cotati General Plan was adopted March 24, 2015, by Resolution Number 2015-12. The General Plan identifies the City’s vision for the future and provides a framework to guide decisions on growth, development, and conservation of open space in a manner consistent with the goals and priorities of residents and businesses. The City of Cotati General Plan program level EIR provides for streamlining and/or tiering opportunities under CEQA Guidelines Section 15168.

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Attachment: Staff Report - City Council April 26, 2022 (Multifamily housing streamlining ordinance) The Cotati General Plan Update EIR (SCH No. 2013082037), was certified on March 24, 2015 by Resolution Number 2015-11. The General Plan EIR reviewed potentially significant environmental effects resulting from plan implementation and identified policies that mitigate impacts. Nonetheless, significant and unavoidable impacts were determined to occur under the General Plan. Therefore, the City adopted a statement of overriding considerations, which balance the merits of approving the Plan despite the significant environmental effects.

A copy of the City of Cotati’s General Plan and EIR are available at the Community Development Department, 201 West Sierra Avenue, Cotati, California 94931, during normal business hours, and online at http://cotati.generalplan.org/.

Consistency with the City of Cotati General Plan and EIR (CEQA Guidelines section 15168) The City of Cotati is proposing changes to the Land Use Code to streamline the review and permitting of multifamily housing developments and remove barriers to their development. The code changes are intended to encourage housing development within existing urbanized areas near jobs and transit in accordance with the General Plan and Housing Element goals and policies. As discussed above, the proposed Land Use Code changes implement specific action items and programs identified in the General Plan and Housing Element, including:
• Action LU 1b: Review the standards provided in the Land Use Code and amend as necessary for consistency with General Plan policies and allowed uses; • Action LU 4a: Review and update the City’s development permitting process to provide a streamlined and straightforward process;
• Program 2-6: Barrier Removals for Multi-Family Development; and • Program 3-9: Monitor Use Permit Requirements for Affordable Housing The proposed zoning amendments implement the General Plan and Housing Element and were analyzed in the EIR. The proposed code changes do not result in new unexamined environmental effects; therefore, no further environmental analysis is required.

Attachments:

EXHIBIT A - Planning Commission Resolution PC-2022-3(DOC)

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Attachment: Staff Report - City Council April 26, 2022 (Multifamily housing streamlining ordinance)

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Attachment: Resolution PC 2022-3_Multifamily streamlining (Multifamily housing streamlining ordinance)

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Attachment: Resolution PC 2022-3_Multifamily streamlining (Multifamily housing streamlining ordinance)

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Attachment: Resolution PC 2022-3_Multifamily streamlining (Multifamily housing streamlining ordinance) ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING SECTION 17.24.020 (ALLOWABLE LAND USES) AND SECTION 17.24.030 (STANDARDS FOR ALL DEVELOPMENT AND LAND USES) OF THE COTATI

MUNICIPAL CODE TO STREAMLINE THE REVIEW OF CERTAIN MULTIFAMILY

HOUSING PROJECTS AND REMOVE BARRIERS TO MULTIFAMILY HOUSING

DEVELOPMENT
WHEREAS, the availability and affordability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout California; and
WHEREAS, over the last several years the State of California has adopted numerous legislative bills intended to increase the supply of housing in California, including the Building Jobs and Homs Act (SB 2, 2017) which supports development of this Ordinance through its SB 2 Planning Grants program; and
WHEREAS, on March 24, 2015, the City Council adopted the updated Cotati General Plan, and on May 19, 2015, the City Council adopted the Housing Element, which sets forth policies and programs intended to remove constraints and promote the development of additional affordable housing in Cotati; and
WHEREAS, adoption of changes to Land Use Code are necessary to implement the objectives of the General Plan and Housing Element; and WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed public hearing to consider the proposed Land Use Code amendments and recommended City Council approval of the implementing draft ordinance; and
WHEREAS, on April 26, 2022, the City Council introduced this ordinance at a duly noticed public hearing at which time all interested persons were given an opportunity to be heard.

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

SECTION 1. Recitals Made Findings.

The above recitals constitute a part of the findings made by the City Council in adopting this Ordinance.

SECTION 2. Record.

The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the General Plan and Housing Element adopted by the City Council in Packet Pg. 29
2015, 2) the Final Environmental Impact Report (FEIR) certified for the General Plan, and 3) all staff reports, City files, records, and other documents prepared for and/or submitted to the City Council related to the adoption of the zoning amendments.

SECTION 3. Compliance with the California Environmental Quality Act (CEQA).

The City Council of the City of Cotati does hereby find that the Ordinance to amend the Land Use Code to streamline the review of certain multifamily housing projects and remove barriers to multifamily housing development fulfills certain policies and objectives identified in the 2015 General Plan and Housing Element, and is consistent with the program level Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update (certified on March 24, 2015 (Resolution No. 2015-11)). Pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required.

SECTION 4. Amendment to the Cotati Municipal Code.

Section 17.24.030, Tables 2-10 and 2-11, and Figure 2-14 are amended, as shown in strike-out (deleted) and underline (added) text, as follows:

Table 2-10
NM Zone Standards
Development Standard NM Zone Requirement
Setbacks – Minimum setbacks required, as shown in Figure 2-11. See Section 17.30.020 for exceptions.

Front 20 ft.

Side – Interior (each) 5 ft.; 10 ft. for multifamily structures; none required for rowhouse units.

Side – Street side 10 ft.

Rear 20 ft.

Garage 10 ft. back from street-facing facade of main structure, exclusive of porch.

Accessory structures See Section 17.42.160 (Residential accessory uses and structures) Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Common yard, porch
Allowed encroachments See Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures and pavement.

Maximum coverage 50%55%
Height limit – Maximum allowable height of structures. See Section 17.30.040 (Height limits and exceptions) for height measurement requirements, and height limit exceptions. See Figure 2-12.

Main structure 28 ft.

Accessory structures See Section 17.42.160
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Table 2-11
NU Zone Standards
Development Standard NU Zone Requirement
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-13. See Section 17.30.020 for exceptions.

Front 15 ft.

Setbacks – Minimum setbacks required as shown in Figure 2-13. See Section 17.30.020 for exceptions.

Front See build-to-lines required above
Side – Interior (each) 10 ft. for 1-story building walls; 15 ft. for 2-story building walls; none required for rowhouse units.

Side – Street side 15 ft.

Rear 15 ft.

Garage 10 ft. back from street-facing facade of main structure, exclusive of porch.

Accessory structures See Section 17.42.160
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Common yard, porch, forecourt, stoop Allowed encroachments See Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures and pavement.

Maximum coverage 60%75%
Height limit – Maximum allowable height of structures.1 See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-14.

Main structure 28 ft.; 35 ft. with use permit35 ft.

Accessory structures See Section 17.42.160
1 Maximum height is twenty-eight feet, except buildings up to thirty-five feet are allowed without a use permit for development that provides forty percent or more units affordable to extremely low- and very low-income households as defined by Sections 50105 and 50106 of the Health and Safety Code; however, multifamily buildings adjacent to existing single-story residential development shall continue to be restricted to a maximum height of twenty-eight feet Packet Pg. 31

SECTION 5. Severability
The provisions of this ordinance are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.

SECTION 6. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days after its final passage.

SECTION 7. Publication or Posting.

The City Clerk of the City of Cotati shall cause this Ordinance to be published or posted as required in Section 36933 of the Government Code of the State of California.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
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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: REGULAR AGENDA (ACTION)
To: City Council
Subject: Police Policy Compliance Review
Date: May 10, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council review and discuss the policy compliance review of the police department.

Background
In 2020, the City Council directed staff to initiate a third-party policy compliance review of the police department. This was one of many additional measures to ensure transparency and compliance with best practices. Additionally, poor compliance with policy is often a precursor to an organizational culture that often results in policing issues.

Analysis/Discussion
To conduct the review, the City hired George Hills, which used a subject matter expert to review compliance with departmental policies, as well as recommendations on industry best practices.

Both the report and a memorandum on the current status of recommendations are attached to this staff report.

Financial Considerations
Funding for the review was available within the adopted budget, so no additional appropriations were requested.

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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.

Attachments:

Status on Police Department Study Memo (PDF)
City of Cotati Police Department Study (PDF)

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City of Cotati
Sonoma County, California
201 West Sierra Avenue, Cotati, CA 94931-4217  TELEPHONE 7077924600  FAX 7957067

MEMORANDUM
Date: May 10, 2022
To: Cotati City Council
From: Michael Parish, Chief of Police
Re: Status on Police Study Recommendations
This memo is intended to update the City Council and the community on the status of the Police Study recommendations.

Use of Force Review
Question: Does CPD report Use of Force incidents to the State Department of Justice (DOJ) as required by Government Code §12525.2?
Government Code §12525.2 requires reporting cases of serious use of force to DOJ, similar to what is also now required under SB 1421. This includes use of firearms, great bodily injury, etc. There were no available documents because there were no events to report.

Question: Do Cotati Police Officers receive training on the Use of Force policy? The CPD has begun incorporating annual UOF trainings into annual evaluations, in addition to the other ongoing training on de-escalation, alternatives to use of force, implicit bias, Crisis Intervention Training, and incident simulators. The CPD now also has the SAFE team as a resource and has received training from the SAFE team on how to most effectively utilize them to reduce the potential for UOF incidents.

Question: Does Cotati Police Department appropriately document incidents in which force was applied? The CPD has updated this process since the review was conducted, including requiring the officer to selfinitiate the UOF form, and transitioning from a departmental UOF form to UOF reporting integrated into the police Record Management System (RMS). The UOF report is required for any level of force above basic handcuffing, including pointing a firearm or taser at someone.

Question: In accordance with 300.9 of the CPD policy manual, does the department conduct an annual review of use of force incidents?
The UOF tracking and reporting tools added at the end of 2020, and more recently incorporated into the RMS system, will allow the CPD to readily pull annual reporting information and conduct analysis of trends and

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Attachment: Status on Police Department Study Memo (Police Policy Compliance Review) City of Cotati
Sonoma County, California
201 West Sierra Avenue, Cotati, CA 94931-4217  TELEPHONE 7077924600  FAX 7957067 develop training, equipment or policy recommendations. Additionally, the CPD also began collecting RIPA data in 2021, which is sent to the California Department of Justice daily for review and data validation.

Question: Does CPD have a Deadly Force Review Board, as outlined in CPD Policy 302.4 et al.? Historically, such a board has not been needed, as no deadly force incidents have occurred. Currently, the protocol in Sonoma County is that one of the 3 larger police agencies (Santa Rosa, Sheriff, or Petaluma) would respond to and investigate an officer use of deadly force. Once completed, the investigation is sent to the County District Attorney to review if criminal prosecution is warranted. Alternatively, the State Attorney General’s Office may criminally prosecute the case. Pursuant to recently enacted California Assembly Bill 1506 (AB 1506), the California Department of Justice is required to investigate all incidents of an officerinvolved shooting resulting in the death of an unarmed civilian in the state. Historically, these critical incidents in California had been primarily handled by local law enforcement agencies and the state’s 58 district attorneys.

In parallel with this criminal process, there will also be an Internal Affairs (IA) investigation of the incident. In cases where deadly force is used, this would be conducted by a third-party expert.

The purpose of the Deadly Force Review Board is to review the Officer Involved Shooting investigation (once the IA and criminal investigations are completed) and determine if changes to equipment, training, procedures, or policies are warranted.

Question: Does the Cotati Police Department participate in the FBI’s National Use of Force Data Collection program?
The CPD is currently exploring participation in this program. In California, Government Code §12525.2 requires reporting cases of serious use of force to DOJ, similar to what is also now required under SB 1421.

The FBI’s National Use of Force Data Collection program collects similar data, including the use of force that causes great bodily injury, death or shooting at a person. The CPD hasn’t had any reportable events under any of these statutes or the voluntary FBI program.

The FBI posts this data at the following website: https://www.fbi.gov/services/cjis/ucr/use-of-force Question: Do CPD officers receive training and certification to carry a Conducted Energy Devices? The CPD has added inspections during line up (the start of all shifts) to ensure that conducted energy devices (aka Tasers) are properly configured. During inspections, supervisors ensure that Tasers are on the nondominate side of the equipment vest or belt. With the recent Taser upgrade, all officers have received Taser training on the upgraded devices.

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Attachment: Status on Police Department Study Memo (Police Policy Compliance Review) City of Cotati
Sonoma County, California
201 West Sierra Avenue, Cotati, CA 94931-4217  TELEPHONE 7077924600  FAX 7957067 Question: Are CPD officers trained and authorized to carry/use other control devices as outlined in CPD policy 308.3?
In addition to conducted energy devices (i.e. Tasers), the CPD officers may be trained and certified to carry other control devices, such as OC pepper spray and a baton. The CPD is currently testing the Bolla Wrap as another device available to restrain suspects from a distance who are non-compliant and a potential risk to themselves, the officers, or others around them. In all cases, the CPD has added an annual documented inspection process during evaluations to ensure that CPD officers are trained and certified to carry any control devices that they use.

Question: Are supervisory/management personnel trained in their responsibilities during an officer involved shooting?
The CPD has added critical incident training for all supervisors and is currently in the process of training supervisors so that our supervisors (corporals and sergeants) are well versed on how to effectively handle the various emotional, procedural, and legal issues.

Vehicle Pursuits
The CPD meets or exceeds all policies and best practices, so no modified procedures or practices are currently recommended in this high-risk activity. Officers are trained, in most cases, to not engage in high-speed pursuits to minimize the risk of injuries or property damage to the general public. The importance of this is also routinely tested during annual evaluations.

Property and Evidence
Question: Does CPD staff follow appropriate procedures for cataloging, storing, and releasing property/evidence (CPD Policy 804.3, 804.5)?
Currently, evidence is normally booked in lockers afterhours for processing the next workday. Following this audit, the CPD fully enclosed a caged area for locking larger evidence items after hours and is in the process currently of ensuring 24/7 video surveillance of the area. When complete, it will ensure fully secure and monitored storage for larger evidence items.

Items requiring refrigeration (DNA evidence, toxicology) are stored in evidence lockers and placed into refrigeration on the next business day, which meets the current evidence handling/storage requirements.

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Attachment: Status on Police Department Study Memo (Police Policy Compliance Review) City of Cotati
Sonoma County, California
201 West Sierra Avenue, Cotati, CA 94931-4217  TELEPHONE 7077924600  FAX 7957067 Question: Does CPD follow established policy relative to the random and routine inspection of the property/evidence room?
The CPD has implemented inspections of evidence storage area, including monthly Sergeant inspections, unannounced annual inspections by the Police Chief, and an annual written audit by a Sergeant appointed by the Police Chief.
p:\forms\letterheadmemo.doc

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Attachment: Status on Police Department Study Memo (Police Policy Compliance Review) City of Cotati Police Department Study
September 23, 2021
Hills
3043 Gold Canal Drive, Suite 200
Rancho Cordova, CA 95670
(916) 859-
[email protected]

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review)

CITY OF COTATI POLICE DEPARTMENT POLICY COMPLIANCE REVIEW The following study, conducted by Lewis Consulting Services, is a review of Cotati Police Department’s compliance with areas of existing policy. Police and City leaders requested the study focus on policies that are considered “high risk” as it relates to the potential for negative outcomes and/or significant risk to citizens, staff, and ultimately City liability. The initiative to request such an introspective review is commendable and illustrates that the city understands their role leading a workforce faced with the difficult task of providing public safety services. By ensuring the department is appropriately adhering to policy and/or identifying areas in which policy and practice contradict, the leaders of this organization have demonstrated their commitment to safeguard their mission to provide quality public safety services.

Lewis Consulting Services’ experience, as it relates to conducting such a study is as follows:

James Lewis (Consultant-President)
James Lewis served more than 30-years with the Sacramento County Sheriff’s department in Sacramento California before retiring in March 2016 as the department’s 2nd in command. As the Undersheriff, James lead the day-to-day operations of the 2,000+ member department that serviced the 944 square miles of unincorporated Sacramento County.

Prior to his appointment to the role of Undersheriff, James served for 6 ½ years as the Chief of Corrections for Sacramento County where he oversaw the day-to-day operations of 2-jail facilities with an average daily population of 4,000 inmates as well as the operation of a full-service, county operated Correctional Health division, alternative sentencing program, civil operations, and court security.

Prior to appointment to the Sheriff’s Executive Staff, James commanded a patrol division that serviced a diverse unincorporated portion of Sacramento with more than 100,000 residents over 20 square miles. In addition to patrol command, James held commands in narcotics, air operations and security services, management positions in special operations, sheriff’s staff and supervisory positions in media, investigations, court security and corrections. This breadth of experience has provided opportunities to experience all aspects of professional law enforcement, giving him a unique perspective of the challenge’s agencies and their municipalities face.

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) Robert Chalfant, Esq., Litigation Manager
Mr. Chalfant has defended public entities on high profile claims in state and federal courts across California for over 20 years. 2001, The majority of his caseload involves constitutional law claims brought under 42 U.S.C. Section 1983 and all related state torts. He has tried to verdict civil rights cases in state and federal court and argued appeals on behalf of public entities before both federal and state courts of appeal.

Past cases include officer-involved shootings, unlawful searches and seizures, excessive force, use of tasers, use of restraints, use of canines, failure to protect inmates, deliberate indifference to inmate’s serious medical needs, malicious prosecution, substantive and procedural due process, takings, discrimination, sexual harassment, defamation, and cases brought under the ADA.

METHODOLOGY
The Cotati Police Department subscribes to Lexipol, a widely known reputable vendor that develops, provides, and maintains policy manuals for law enforcement agencies. This vendor has a diverse leadership/development team with extensive experience in the field. The product they provide has been tested, is routinely reviewed, and proven to be of the highest quality.

The importance of this relationship cannot be overstated, as failure to maintain and train to effective policies, in an environment in which conditions are in constant motion, is a recipe for unnecessary risk exposure.

The focus of this study is on the adopted policies compared to existing Cotati Police practices to ensure 1) the agency is compliant with policy as written and 2) that existing policies are appropriate for the task.

Areas of concentration are:
• CPD Policy 300-310: Use of Force
• CPD Policy 314: Vehicle Pursuits
• CPD Policy 804: Property and Evidence
To conduct this study we, in cooperation with Cotati Police Department (CPD) staff, reviewed written policy, both vendor supplied and those directed by Police administration, and compared these documents against actual practice. This document serves as the result of that review and will show areas of substantial compliance or areas in which improvements are needed.

USE OF FORCE (CPD POLICY 300-310):

Use of force is one of the most significant areas of risk for any police agency. The application of force and the determination as to whether that force was appropriate or necessary is

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) scrutinized now more than ever. Oversight starts internally with police supervisory and executive staff, continues through the City Manager and then the elected City Council.

Additionally, oversight can include the local district attorney or the state attorney general in some cases. One would not have to look very far into law enforcement/community relations history to find examples in which failures in policy compliance or ineffective policy development had undesirable outcomes.

As a foundation, Use of Force as it relates to the profession of law enforcement is currently measured against what is considered a standard of what an officer would consider “objectively reasonable”. This standard and all aspects of use of force for law enforcement are covered in Penal Code, Government Code, and case law.

Question: Does existing CPD policy meet the current standard for a Use of Force policy? Substantial Compliance: The CPD Use of Force policy mirrors existing case law, includes recent changes relative to case law and is clearly within current standards. The way this policy is maintained is appropriate, and any updates are provided, reviewed, and acknowledged by CPD staff. Additionally, required as part of existing policy and statute is the public availability to department policy. CPD complies with this requirement, as all policies are easily accessible on the department’s website.

Question: Does CPD report Use of Force incidents to the State Department of Justice (DOJ) as required by Government Code § 12525.2?
Documentation Unavailable: CPD Policy 300.5.2, which aligns with Government Code § 12525.2 requires, as of January 1, 2017, the agency to report annually incidents involving use of force resulting in death or great bodily injury. At the time of this review, staff was unable to locate evidence of such reporting, although anecdotally members believe reporting is routinely completed. Given the lack of availability of this documentation, LCS is unable to determine compliance with this policy, however given the narrow nature of this requirement it is entirely possible there were no remarkable events to report.

Question: Do Cotati Police Officers receive training on the Use of Force policy? Substantial Compliance: As required under section 300.8 of the CPD policy manual, Officers review existing policy as part of their initial training and are required to demonstrate their knowledge of this policy during field training.

Recommendation: Given the evolutionary nature of this aspect of law enforcement, annual review, during annual evaluation periods and documentation of this review would ensure staff is aware of any changes to the Use of Force policy.

Question: Do Cotati Police Officer receive training on Use of Force, beyond what is required to graduate a basic police academy?

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) Substantial Compliance: CPD officers receive additional training at a minimum every (2) years during “Perishable Skills” training, hosted by the Santa Rosa Junior College. The curriculum includes practical exercises in which officers demonstrate hands-on proficiency in the trained techniques. In addition, CPD Executive Staff has committed to training that focuses on deescalation techniques and alternatives to use of force, which effectively equips officers with tools to avoid the use of force unless necessary.

Question: Does Cotati Police Department appropriately document incidents in which force was applied?
Substantial Compliance: As required in section 306.8 of CPD policy, officers that use force, demonstrate force, apply handcuffs or restraints during an arrest routinely include documentation of this application of force in their arrest/crime reports.

Notable Improvement to Requirement: In addition to the documentation in reports, CPD has developed an internal policy that requires officers to complete an internally generated “Use of Force Tracking and Reporting form”. This form, which is aligned with the spirit of existing policy, goes beyond what is required by policy and ensures the application of force, however slight is documented.

In reviewing these forms, LCS found instances in which this additional reporting form resulted in greater scrutiny over events that might otherwise have been dismissed as routine. Review of body worn camera footage, detailed accounts of officer’s/offender’s actions and documented supervisory acknowledgement of the event are significant positive outcomes from requiring this document as part of the overall documentation of an event.

Note: Currently the process by which the Use of Force Tracking and Reporting form is completed is following a supervisor’s review of incident reports. During this review, the supervisor will identify instances in which force was used and direct the completion of the UOF report. This form is again reviewed by a supervisor who will choose an appropriate course of action that may include:
• Additional interviews of witnesses, suspects
• Review of camera footage
• Require additional documentation in incident reports
• Initiation of administrative investigation
While the current process is capturing use of force incidents that may otherwise be inconspicuously contained in incident reports, CPD should consider a change in culture that would require the officer to initiate the report before supervisory review.

CPD Policy 300.5.1 requires officers to report, to a supervisor, any use of force that:
(a) The application caused a visible injury.

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) (b) The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
(c) The individual subjected to the force complained of injury or continuing pain. (d) The individual indicates intent to pursue litigation. (e) Any application of a TASER device or control device. (f) Any application of a restraint device other than handcuffs, shackles, or belly chains. (g) The individual subjected to the force was rendered unconscious. (h) An individual was struck or kicked.
(i) An individual alleges unreasonable force was used or that any of the above has occurred.

The UOF reporting form, for any of the above instances creates an environment in which officers take additional ownership over their tactics and increase the transparency of their actions.

Continued supervisory review of both completed UOF reports, and incident reports will act as a safeguard to ensure documentation is appropriate and complete.

Question: In accordance with 300.9 of the CPD policy manual, does the department conduct an annual review of use of force incidents?
Review Unavailable: 300.9 of the CPD Policy Manual states: Annual Summary At least annually, the Operations Sergeant should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include:

1. (a) The identification of any trends in the use of force by members.

2. (b) Training needs recommendations.

3. (c) Equipment needs recommendations.

4. (d) Policy revision recommendations.

At the time of this review, staff provided use of force tracking and reporting forms as evidence of use of force analysis as required by this policy. While the review of these documents did not necessarily highlight the need for further action, tracking officer’s conduct through this medium and conducting a detailed annual analysis of the information contained in these reports could highlight patterns that require further scrutiny or identify officer’s actions that need further

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) administrative investigation. Additional value in an annual analysis is the opportunity to identify the need for improvement in training, equipment, or practice.

At the time of this review, annual reporting was not readily available, as UOF descriptions are currently included in the narrative of the police reports. This required police staff to read the narrative of each police report to find UOF information. To make the UOF descriptions readily available for annual review and reporting, the internal tracking form previously mentioned was added at the end of 2020. Additionally, in 2021, the department worked with the Sonoma County Public Safety Consortium (SCPSC), Sonoma State University and Santa Rosa Junior College to develop and implement the use of force tracking module that can be used for bulk annual reporting from the records management system in future years. This system will also now be available for all law enforcement agencies in Sonoma County that are members of the SCPSC.

Question: Does CPD have a Deadly Force Review Board, as outlined in CPD Policy 302.4 et al.?
Out of Compliance: The Cotati Police department does not have a review board as outlined in 302.4 et al. of the CPD policy manual. The composition and purpose of this board is clearly defined in the policy and its mission effectively outlined. While incidents requiring assembly of the members of this review board perhaps have not presented themselves, a proactive measure to identify individuals and convene such a board to train for the potential is needed.

Question: Does the Cotati Police Department participate in the FBI’s National Use of Force Data Collection program?
In 2015, the FBI began collecting data on national police use of force. The National Use of Force Data Collection program is voluntary for all federal, state, local and tribal law enforcement, and investigative agencies. The data collected (as described on the FBI.gov website) covers:
“The collection and reporting of data includes any use of force that results in:
• The death of a person due to law enforcement use of force. • The serious bodily injury of a person due to law enforcement use of force. • The discharge of a firearm by law enforcement at or in the direction of a person not” (This last sentence is incomplete and needs revision?)
If agencies experience no qualifying use-of-force incidents within a month, they submit a zero report.

The FBI website indicates 5,030 of approximately 18,514 eligible agencies participate in this reporting1. This number represents less than 1/3 of eligible agencies participate in the data collection program. Given there is no requirement in CPD policy, and the program is voluntary, compliance is not an issue. However, CPD would demonstrate their leadership in the law 1 FBI National Use of Force Data Collection www.fbi.gov/services/cjis/ucr/use-of-force

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) enforcement profession by participating in this program, which harvests invaluable data available for analysis and comparison.

Question: Do CPD officers receive training and certification to carry a Conducted Energy Devices?
Substantial Compliance: Only officers who have successfully completed department-approved training are issued and carry Conducted Energy Devices. The device provided, more commonly referred to as a Taser® (which references the brand name of the device) is the only approved device used by CPD.

Training, both initial and refresher, complies with best practices and is consistent with manufacturers recommendations, case law and existing policy. Use of the Taser during an event is documented on a Taser Use Report, as well as the Use of Force Review form. This documentation is also consistent with best practice and gives CPD staff the opportunity to more closely scrutinize the incidents in which the use of this device was deemed necessary.

Recommendation: Catastrophic events involving the use of a firearm when a Taser was intended have occurred due to improper identification of the weapon. This can occur when officers improperly carry or train to carry the Taser in an “off-hand” configuration. While training and policy dictate this configuration, verification during uniform inspection or routine interaction with supervisory or management staff as a safeguard will greatly reduce the potential for misidentification during events in which officers are under duress.

Currently, CPD does not include or document this observation as part of a routine uniform inspection process.

Question: Are CPD officers trained and authorized to carry/use other control devices as outlined in CPD policy 308.3?
Substantial Compliance: CPD policy dictates that only departmentally issued or approved controlled devices can be carried or used by CPD officers. Officers carrying these devices must have successfully completed department-approved training in the use of any controlled device.

Officers are trained in the use of traditional control devices during initial academy training and during perishable skills refresher training. Additional training for newly acquired techniques/devices occurs on an as needed basis
Recommendation: Include in an annual uniform inspection process documentation of which control devices are being carried and their compliance with existing policy.

Question: Are supervisory/management personnel trained in their responsibilities during an officer involved shooting?

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) Training Opportunity: Officer Involved Shootings (OIS) are among the most taxing events on a police agency. The impact from the shooting on the officer(s) mental health, the agency and the community require a well-planned initial response. After initial threats are mitigated and life saving measures are taken, supervisors responding to the scene must be prepared to effectively handle a variety of emotional, procedural, and legal issues. A composed comprehensive response is not an accident. Training, beyond what is considered “on the job training” that covers in depth the supervisory responsibilities is necessary to increase the odds of successfully navigating the challenges a supervisor will face.

Recommendation: Seek out an appropriate critical incident supervisor’s training course, that focuses on officer involved shootings and the supervisor’s role. Provide this training to all incumbent and future supervisors upon or prior to appointment.

VEHICLE PURSUIT (CPD POLICY 314)
Vehicle pursuits are among some of the most dangerous activities in which law enforcement engage. Personal safety, the safety of the subject being pursued, and the safety of the community are all considerations before initiating a pursuit and/or continuing one. CPD acknowledges these risks and maintains a culture that is both communicated to line staff and demonstrated by supervisors/administration actions that “public safety for all” is the highest priority.

According to the Department of Justice (DOJ), Bureau of Justice Statistics (BJS) from 1996 to 2015, an average of 355 persons were killed annually in pursuit related crashes2.

Question: Does CPD have a written policy that governs officer’s actions during pursuit driving?
Substantial Compliance: CPD does have a comprehensive pursuit policy. The policy utilizes best practices to effectively outline expectations.

Question: Does CPD comply with the requirement to report all pursuits to the California Highway Patrol (CHP) using form 187A?
Substantial Compliance: CPD reports all pursuits within the required timeline to the CHP using the CHP 187A form. This form is intended to provide the CHP with data to prepare an annual report presented to the California Legislature as required by Senate Bill 719, signed by Governor Arnold Schwarzenegger on October 4, 2005. This statistical report outlines the outcome of all reported pursuits.

Question: Does CPD participate in ongoing pursuit driving training? 2 Police Vehicle Pursuits, 2012-2013, Brian A. Reaves, Ph.D., Bureau of Justice Statistics, May 9, 2017

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) Substantial Compliance: CPD officers attend bi-annual Emergency Vehicle Operations Course (EVOC) training as part of a perishable skills training curriculum. This substantially complies with written policy, which was adopted to comply with Penal Code § 13519.8.

PROPERTY AND EVIDENCE (CPD POLICY 804):

Collecting, booking, and storing evidence is an essential function for every law enforcement agency. Integral to that process is properly maintaining a pristine chain of evidence to ensure the items can be effectively used in prosecutorial efforts.

To examine the property and evidence handling procedures, LCS reviewed current policy, toured the property room(s) and interviewed staff responsible for their maintenance. LCS conducted additional interviews with CPD administration to elicit concerns over the current state of the property section and determine if those concerns can be resolved through existing policy or amendments to policy/practice.

Question: Does existing policy (CPD Policy 804) mirror best practice for property and evidence handling?
Substantial Compliance: CPD policy does represent the industry standard for booking, storing, and securing property and evidence. The policy outlines appropriate procedures and expectations sections and progress from the initial collection to final disposition.

Question: Does the Cotati Police Department have safeguards in place to protect staff handling evidence?
Substantial Compliance: CPD follows established policy to ensure the safety of all staff. Safety considerations are especially important in the booking of firearms, edged weapons/syringes, and dangerous drugs.

Firearms, both confiscated and surrendered are checked to ensure all ammunition has been removed. Handguns are booked in boxes that are then stored in a separate room within the property section. Long guns are also stored in the firearms room, which is secured behind a locked door that is accessed by only those staff members that have a legitimate reason to access the room.

Sharp objects are booked in containers that limit the likelihood of injury during handling.

Syringes are similarly handled using containers that are designed to avoid accidental “sticks”.

Drugs are weighed and packaged in sealed containers to avoid accidental exposure. All narcotics substances are identified with a specific notation indicating the suspected substance, with special consideration for those packages suspected to contain especially dangerous substances like Fentanyl.

To safeguard staff handling packages containing possible dangerous drugs, officers make a conspicuous notation (sticker or other highly visible marking) on the outside of the packaging to

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) alert staff. When so noted, the package remains sealed while in CPD possession and may only be opened by qualified staff at an approved lab.

NOTE: Current policy (CPD Policy 804.4.2) calls for the “presumptive test” of substances suspected to be drugs prior to booking. This procedure, both in the CPD and other agencies in the region has been abandoned. The reason for this shift in policy is concern for officer safety, specifically the accidental exposure to dangerous substances like Fentanyl. Officers use their experience and expertise to identify and document the suspected drug(s) prior to booking.

Question: Does CPD staff follow appropriate procedures for cataloging, storing, and releasing property/evidence (CPD Policy 804.3, 804.5)?
Substantial Compliance: CPD Policy outlines the procedure for handling property. Specific handling instructions are included for the various property likely to be booked into CPD facilities.

The procedures outlined in the policy manual have been developed as a guideline and represent best practice. However, improvements to these practices are in place at CPD. One such example is the use of a bar coding system to automate the booking procedure.

Officers booking property are required to affix and register a bar code to items of evidence/property before booking them into the property lockers. The system creates a record for that piece of evidence which is a living catalog for that item until its final disposition (destruction, release to owner, adjudication, or sale). This procedure represents an improved best practice as maintaining the record is efficient and easily retrieved.

Interviews with staff and random sampling of evidence stored in the CPD property room confirm compliance with policy. The experience of the Community Services Officer (CSO) responsible for maintaining the property room and her description of the process for maintaining, releasing, and storing property/evidence indicate appropriate steps are being taken.

NOTE: One concern expressed by staff related to chain of evidence and storage of large items. Space constraints as well as lack of access to the property room by staff after hours results in larger items being stored in areas where access can only be moderately controlled. While their concerns are valid.

CPD administration has developed a mitigation plan to incorporate a capital improvement project to secure a currently unused dog kennel in the garage of the CPD facility. Securing this area with additional fencing and lock will allow officers to place larger items in the cage, providing greater security for the items until they can be more appropriately stored or moved to a more secure location.

Question: Does CPD have procedure for booking items contaminated with bodily fluids, as outlined in CPD Policy 804.3.4 (Exceptional Handling)?

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) Substantial Compliance: The California Department of Justice, Bureau of Forensic Services provides guidance on the collection and storage of items containing bodily fluids.3 Recommendations in this bulletin include:
• Allow stains to air dry as much as possible before placing in paper bag or envelope. • Package the “unstained control” separately from the evidence stain. • Package different evidence items in separate paper containers. • Ensure that the paper container is large enough to allow air circulation around evidence item.
• Clean paper can be placed on (or in) a bloodstained garment and the garment folded so that the paper prevents contact between different stains. Ensure that while items are drying that the stain pattern(s) are not altered or the stain(s) cross-contaminated with other wet stain(s).
• Metal or glass evidence item (e.g. knife or broken, glass bottle), should be secured with wire to the bottom of a cardboard box so that it does not pierce the sides of a paper container. If not secured, blood on a knife blade can become easily dislodged and lost.

Do not freeze metal or glass evidence items with blood or other body fluid stains.

Submit these items to the laboratory as soon as possible. • Tape seal, initial and date all paper bags or envelopes.

CPD staff is trained in both the collection and storage of this type of evidence. During the interview with the senior CSO responsible for this process, she was able to effectively describe the appropriate procedures as outlined in policy, which are recognized as best practice.

No contrary indications were noted during a tour of the facility.

Question: Does CPD follow established policy relative to the random and routine inspection of the property/evidence room?
Out of compliance: CPD policy 804.8 Inspection of the Evidence Room, requires:
(a) On a monthly basis, the supervisor of the evidence custodian shall make an inspection of the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures.
(b) Unannounced inspections of evidence storage areas shall be conducted annually as directed by the Chief of Police.
(c) An annual audit of evidence held by the Department shall be conducted by a Sergeant (as appointed by the Chief of Police) not routinely or directly connected with evidence control.
3 Physical Evidence Bulletin, PEB 4 (rev 2002), Bureau of Forensic Services, Ca. DOJ

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) (d) Whenever a change is made in personnel who have access to the evidence room, an inventory of all evidence/property shall be made by an individual not associated to the property room or function to ensure that records are correct, and all evidence property is accounted for.

CPD staff did not recognize the requirements outlined in the above policy, did not remember an occasion in which the required inspections were completed, nor did they have specific staff assigned to conduct audits/inspections.

The policy outlines best practices to ensure property is being properly stored, and all procedures are being followed. Regular inspections of the property facility are critical to catch deviations from policy before they expose the city to unnecessary liability.

CPD administration readily acknowledged the deficiency in this area and are currently developing plans to ensure compliance.

OUTSIDE OF SCOPE OBSERVATIONS
While interviewing CPD administration, it became clear their focus is on providing the highest level of service possible given the resources at their disposal. The Chief and his staff are thoughtfully progressive and appear to be constantly looking for ways to improve the way they police the community and provide for their staff.

RIPA
Racial and Identity Profiling Act (RIPA) was “formed as part of AB953 (Weber, 2016)4. The bill, among other things, requires police agencies to collect and report demographic data from police encounters. This requirement was phased in statewide, with small agencies needing to comply by April 1, 2023.

The project to properly implement comprehensive data collection and analysis using efficient technology, while worthwhile is both expensive and burdensome. Many of the agencies still waiting to develop a solution will soon feel the pressure of an impending deadline. CPD’s progress in developing and implementing racial profiling tracking before the statutorily required deadline is an example in which the department is proactively addressing emerging issues. This tracking process, which is automated and available for analysis is currently in testing and will come completely online in the 3rd quarter of 2021 4 Assembly Bill No. 953, Ch.466, Weber; https://leginfo.legislature.ca.gov

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Attachment: City of Cotati Police Department Study (Police Policy Compliance Review) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Annual Police Chief Report to the Community
Date: May 10, 2022
Written by: Michael Parish, Chief of Police
Recommendation
It is recommended that the City Council receive and discuss the annual police chief report to the community for 2021.

Background
In 2021, the Chief of Police presented the first annual report to the City Council and the Community, which covered activities and statistics from 2020.

From conversations with the City Council and the community in 2020 and 2021, the City Council committed to the following measures for greater transparency:

1. Early implementation of RIPA data collection.

2. Creation of this annual report to the community.

3. Review of annual RIPA reports for best practices.

4. Re-affirm our commitment to train our officers above and beyond POST standards, including implicit bias training and de-escalation training.

5. Updating the citizen complaint form and making it available on the website.

6. Conducting a community survey on racism.

7. Working with a third party to conduct a policy compliance review to ensure policies/training/and practices are aligned.

Additionally, in 2021, the City also started the SAFE mental health crisis team with Rohnert Park and self-identified a need to update internal tracking of use of force events for improved transparency.

Analysis/Discussion
In 2021, the Police Department implemented these commitments, including:
- The addition of a use of force reporting form to capture all events above simple

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handcuffing and multi-level supervisory review; and
- The early implementation of RIPA stop data, which began collection of a variety of officer perceived demographics from vehicle stops; and
- A review of high-risk policy areas, to ensure compliance with established policy. Poor policy compliance with established policies are a typical precursor to policing issues; and - Updated citizen complaint forms with additional information to follow current best practices, as identified by the RIPA Board, and added webform for citizen complaints; and
- Continued focus on training for de-escalation and implicit bias.

Additionally, the Police Department upgraded body worn cameras for additional features that help ensure automatic recording in high stress and emergency situations.

Targeted Traffic Enforcement Program
In addition to general traffic enforcement, the City is working to implement a targeted traffic enforcement program, including:
- Downtown Truck Enforcement
- Pedestrian Crossing Vehicle Enforcement
- Distracted Driving Vehicle Enforcement
- Zone/Beat Enforcement
- Speed Enforcement in high collision areas
The program is intended to focus on each enforcement area every 6 months.

Automated License Plate Reader (ALPR) Technology
In the month of March 2021, the Cotati Police Department began the deployment of APLR investigative technology. The department currently includes two patrol vehicles outfitted with APLR technology. The police department received funding for the ALPR’s through the State Homeland Security Grant totaling approximately $40,000. The purpose of the APLR’s is to identify lost or stolen vehicles/license plates or to help locate a vehicle involved in various crimes.

In 2021, the police department had two (2) successful recoveries of stolen vehicles from the ALPR. Additionally, a citizen reported a car stolen to Cotati Police Officers. Using the ALPR, officers discovered that our ALPR recorded the license plate of the car and located it in Cotati.

Our officers also use the ALPR system for investigations and for public safety by uploading wanted and dangerous vehicles into the system. Due to the rampant on-going “sideshow” issues in the Bay Area, Cotati Officers, utilizing the ALPR vehicle will respond to the “Sideshow” location and automatically log potential participants in the illegal activity. Instead of immediately chasing the suspect vehicles, and inherently creating risk of life and/or property as well as the potential for use of force, the collection of data is later used to safely serve a warrant to impound the vehicle used in the illegal activity.

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Specialized Assistance for Everyone (SAFE) Mental Health Crisis Response Team The City and Rohnert Park partnered to stand up a mental health crisis response team to better respond to people in crisis and get them services for better outcomes rather than relying on police to be social workers. The SAFE team is currently moving to collection of statistics for each community individually, but it was not available for this report. Additionally, the City is working with SAFE and other crisis teams in Sonoma County to develop uniform data collection categories using common methods.

The following are a combination of stories from the SAFE team and statistics from Cotati and Rohnert Park.

SAFE sample stories from December 2021
December brought more cold and inclement weather to the region, with associated complications to the lives of the unhoused. SAFE team assisted several individuals with transport to emergency warming sites in Santa Rosa and Petaluma, helped Catholic Charities reconnect with 2 clients who had previously initiated homeless services intakes, and distributed caps, gloves, and blankets donated by RPDPS and members of the public.

Family dispute mediations were another major theme for SAFE team responses in December.

One of the families that we had contacted in November due to violence between the children has engaged in family services through DHS and has reached out to SAFE team for managing disagreements in the household to proactively prevent physical conflicts. Similarly, a juvenile who was reunited with his mother earlier this year and required frequent RPDPS and MST responses over the summer, is now in residential mental health treatment, and the mother has requested support from the SAFE team when her temper is frayed and she struggles to communicate effectively with him during home visits; MST has not had to respond since October.

SAFE January 2022 statistics
Total Calls 77
Types Outcomes Transports
Counseling request 8 Advised 16 Memorial 8
Death notification 1 Assisted 27 Catholic C. 2
Public assist 44 Safety contract 1 Sutter 2
Suicidal subject 3 Refused 9 Hotel 2 (DV shelter
refusals)
Welfare checks 21 Transported 17 Kaiser 2
Wound care 0 UTL/GOA 4 Cancelled 3 Camp 1 (impaired
mobility)

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SAFE February 2022 Statistics
Total Calls 128
Types
Counseling Requests 7
Death Notifications: 0
Public Assists: 91
Suicidal Subject: 2
Welfare Checks: 28
Wound Care:

Outcomes
Advised: 21
Assisted 58
Safety Contract: 1
Refused: 10
Transported: 30
UTL/GOA: 8
Transports
Memorial: 2
Catholic C: 3
Sutter: 5
Kaiser: 3
WiFi Wash 1
Valley of the Moon 2
Bank 1
CSU 1
PVH 4
Residential 4
Redwood Gospel Mission 1
Coffee Teen Shelter 2
County Office 1
SAFE sample stories from February 2022
A SAFE Team visit to a home was requested. When the team arrived, the family shared that they had a COVID exposure. The Team returned 5 days later to speak with the family. There are ongoing issues with how the mother treats the daughter. In the past, this treatment has resulted

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with calls to the Cotati Police Department and/or the daughter being dropped off at the Police Department. Initially, the engagement with the SAFE Team started out rough with both the mother and daughter using very aggressive language and tones with each other. The SAFE Team was able to de-escalate the situation and able to have a conversation with both parties. Using Motivational Interviewing (MI) they were able to get both parties to recognize that they are powerful women. The SAFE Team supported them in realizing that how they were treating each other was causing harm to both of them. The daughter has agreed to start participating in PPSC Girls' Circle programming. The mother was given the number to contact PPSC Community Clinic for counseling. To date, the mother has not followed up, however the daughter will be in the next Girls' Circle group.

The RP Police was asked to co-respond with SSU Police to a traffic stop. The SAFE Team was dispatched as part of a public assist. The individual who was on the side of the road near the Expressway was waiting for a ride from someone. They were pulled over due to an expired registration. The driver shared that she has been living in her vehicle. The SAFE Team observed that she seemed to be taking good care of herself. She responded to the Team by showing artwork while they spoke. She shared that she did not need resources but did engage with the SAFE Team regarding trauma with her brother that had been ongoing. She was referred to PPSC Counseling programs. Her vehicle was ticketed. The next day the SAFE Team stopped by the location, but the vehicle had been moved.

The SAFE Team was dispatched out to a residence where a subject was threatening his parents with a bat. The subject threatened to kill himself if the parents did not give back his cell phone, which parents had taken away for bad behavior at school. The subject has had a history of angry outbursts since the 1st grade. The parents have tried to get him into therapy over the years, using Kaiser, but this has not proven to be helpful. The subject had made numerous holes in the walls of the home from previous acts of aggression. The SAFE Team empathized with the subject and discussed his behavior. The subject was remorseful and said he can't control his anger when he becomes frustrated with his parents. The Team spoke to him about him threatening to hurt himself, and he stated that he responds this way when he is angry or upset. The Team spoke with the parents about possible resources, such as therapy or mentorship. Referrals were made to the PPSC Mentor Me program and SAY.

The SAFE Team was dispatched for Public Assist for a 35 year old houseless female. The SAFE Team was able to make contact. The female shared that she needed housing assistance. She said she was already in contact with Catholic Charities. Due to health conditions, the subject cannot be surrounded by a lot of people. The SAFE Team checked in with Catholic Charities and made an appointment for her to meet with a Case Manager at Catholic Charities the next morning. The SAFE Team was able to make the transfer and helped her to get to her Case Manager.

The SAFE Team dispatched for a welfare check. An off-duty officer saw the subject running in the street, almost being struck by three vehicles. She was actively hearing her children’s voices in her head saying they were in danger and needed her help. Other reports included that she may have also been looking in random cars around the grocery store parking lot. The SAFE Team was able to engage. She was tearful and very paranoid but willing to have a conversation. She was volunteer transfer to Kaiser for treatment and was later placed on a 5150 hold.

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SAFE March 2022 Statistics
Total Calls 96
Call types
• Counseling requests 3
• Public assists 75
• Suicidal subject 1
• Welfare checks 14
• Wound care 2
Initiated by
• Dispatch 90
• Flag down 2
• Self-initiated 4
Disposition
• Advised 9
• Assisted 51
• Refused contact 4
• Refused services 10
• Refused transport 1
• Transported 16
• Unable to locate 5
Cover requests
• Police 1
• Fire/EMS 0
Diversions
• ED diversions 6
• Jail diversions 2
Financial Considerations
No direct financial impacts to the First Annual Police Chief’s Report to the community, but data extraction and reporting currently requires extensive staff time. City staff are continuing to look at ways to streamline data extraction from the record management system. Implementation of the SAFE team requires an investment of approximately $180,000 per year. We are continuing to work regionally to obtain grants to partially offset costs.

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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Attachments:

CPD ANNUAL REPORT 2021 (PDF)

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COTATI POLICE DEPARTMENT
2021 ANNUAL REPORT
203 W. SIERRA AVE, COTATI, CA | NON-EMERGENCY 707-792-4611 | FAX 707-795-0168

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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community) The women and men of our Police Department are committed to providing quality public safety services to our community. I am very proud of our dedicated employees and volunteers who, through our daily activities, are making a positive difference by improving public safety and continuing the great quality of life in the City of Cotati. Our members of the Cotati Police Department are committed to being responsive to our community in the delivery of quality services. We recognize our responsibility to maintain order, while affording dignity and respect to every individual.

Our objective is to provide contemporary police services through a community partnership which promotes safe and secure neighborhoods, parks, roadways, and recreation/shopping/commercial areas visited by all.

As we move forward in 2022, we will continue our focus on 1) being fair in processes, 2) being transparent in actions, 3) providing opportunities to hear from our community, and 4) being impartial in decision making.

We will continue our community policing philosophy through personal outreach to stakeholders to remain proactive in reducing crime, increasing traffic safety, enhancing citizen and business engagement and overall wellbeing of the City. We will continue our focus of training on employee health and wellness, effective ways to engage people who are in mental health crisis, continue understanding implicit bias, provide new de-escalation options through equipment and training. The Cotati Police Department will continue to become a progressive department looking for unconventional ways to build trust and legitimacy in our City.

The 2021 Cotati Police Department Annual
Report is herein presented for your review. I
thank you for taking time to read this report. I
hold in high regard the opinions and input of
Cotati’s citizen’s and business owners.

A MESSAGE FROM THE CHIEF
Michael Parish
Chief of Police
Officer Reinke, a young recruit, and Chief
Michael Parish

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TABLE OF CONTENTS
COVID-19 ............................................................................................................................. 1 ORGANIZATIONAL CHART................................................................................................ 2 CRIME ANALYSIS & REVIEW............................................................................................. 3 CALLS FOR SERVICE 2020 VS 2021........................................................................... 3 COTATI ARREST STATISTICS 2019-2021................................................................... 4 COTATI VIOLENT CRIME STATISTICS 2019-2021...................................................... 5 POLICE POLICIES.............................................................................................................. 12 HI-LO SIREN DRILL............................................................................................................ 12 COTATI PROPERTY CRIME STATISTICS 2019-2021................................................. 6 COTATI OTHER CRIME STATISTICS 2019-2021........................................................ 7 COTATI CITATIONS 2021............................................................................................. 8 CITIZEN COMPLAINTS........................................................................................................ 9 SPECIALIZED ASSISTANCE FOR EVERYONE (SAFE) TEAM........................................ 10 RACIAL & IDENTITY PROFILING ACT (RIPA).................................................................. 11 DEA PRESCRIPTION DRUG TAKEBACK......................................................................... 13 TRAINING............................................................................................................................. 14 POLICE DEPARTMENT POLICY COMPLIANCE REVIEW............................................... 12 RECRUIT TRAINING OFFICERS......................................................................................... 15 USE OF FORCE.............................................................................................................. 17-18 LOCAL ROAD SAFETY PLAN (LRSP)............................................................................... 16 BODY WORN CAMERA (BWC) UPGRADE........................................................................ 19 NEIGHBORHOOD OFFICER MEETINGS........................................................................... 20 PATROL ............................................................................................................................... 21 ANIMAL CONTROL .............................................................................................................. 22 DISPATCH ............................................................................................................................ 23 MADD AWARD...................................................................................................................... 23 TRAFFIC OFFICER................................................................................................................ 24 K9 TEAM ............................................................................................................................... 24 CADETS & VOLUNTEERS.................................................................................................... 25 PARTNERSHIPS.................................................................................................................... 25 COMMUNITY OUTREACH.................................................................................................... 26 COMMUNITY INFORMATION............................................................................................... 26

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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community) The Pandemic continues to be a challenge for the Police Department’s normal operations.

We reopened our police building lobby in 2021 following County Health directives to allow citizens greater access to our department to conduct their affairs. Even though we modified our usual daily activities during the pandemic, we remained working 24/7 answering 911 calls, responding to calls for service and we continued our high visibility patrols.

COVID-19
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ORGANIZATIONAL CHART
PSA
Katie Hulderman
Chief Michael
Parish
Lieutenant
VACANT
Sergeant
Paul Goodin
Sergeant
Tyler Wardle
Sergeant
B Gallo
Corporal
Brian Deaton
Corporal
VACANT

DISPATCH
Kirsten Ott
Cristina
Montoya
Renee Harris
Michael Callen
Adrien McGoon
VACANT
Community
Services
Officer
Carrie Peoples

OFFICERS
Bennet Knight
Ryan Reinke
Anthony Garber
Jerry Cunningham
Ryan Sullivan
VACANT
Volunteers/
Cadets
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L
L
S
F
O
R
S
E
RVIC
E
2020

CRIME ANALYSIS & REVIEW
(average of 37 events per day)
3 2021
(average of 34 events per day)

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COTATI ARREST STATISTICS
2019-2021
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COTATI VIOLENT CRIME STATISTICS
2019-2021
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COTATI PROPERTY CRIME STATISTICS
2019-2021
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COTATI OTHER CRIME STATISTICS
2019-2021
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ITATIONS
2021
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CITIZEN COMPLAINTS
9 In 2021, the Police Department received
a total of 10 complaints out of a total of
12,455 events, which is a complaint rate
of 0.08%. The total logged events does
not include numerous other interactions
with the department, such as daily
informal interactions, citizen business at
the Dispatch counter, etc.The police
department receives complaints through
a variety of sources, including the official
complaint "blue" form, city website,
emails, telephone, and in-person. For
every complaint received, the Police
Department investigates the allegations
The process begins with the Lieutenant reviewing the complaint, reviewing all available materials (such as police reports, body worn camera, etc.), followed by interviews of the complainant and any involved police staff. The Cotati Police Department was the first agency in Sonoma County to implement a full deployment of body worn cameras on all of our officers, which has greatly assisted in the review of complaints or other events.

For the purposes of this report, the complaints have been grouped in two ways: by outcome after investigation and by category of initial allegation. Of the 10 complaints received, the categories of initial allegations are as follows:

Procedural : 2 Conduct Unbecoming : 6 Use of Force : 0 Not Related to Department: 2 The definitions of the terms used are as indicated below. Not all terms are used this year due to the nature of the complaints received.

DEFINITIONS OF TERMS:

OUTCOME AFTER INVESTIGATION
EXONERATED - Allegation is true but actions were lawful.

NOT SUSTAINED - Facts revealed do not substantiate the allegation.

WITHDRAWN/CLOSED - Case was closed as matter was withdrawn by the complainant or complainant was unresponsive to attempts to contact.

SUSTAINED - A true finding supported by facts, generally results in officer discipline and/or re-training.

UNFOUNDED - Not true. Actions alleged did not occur.

CATEGORY OF ALLEGATION
PROCEDURAL - This category of typically involves complaints of unfair parking enforcement, contesting traffic tickets, failure of the officer to act, etc.

CONDUCT UNBECOMING - This category of allegation is a complaint of rude or discourteous behavior of the officer.

USE OF FORCE - This category of allegation is a complaint regarding officer use of force.

In-Person: 0 Complaint “Blue” Form: 5 Webform: 1 Email: 1 Telephone: 3 and responds to the complaining party if they provided their contact information. The following are the sources of the complaints:

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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community)

SPECIALIZED ASSISTANCE FOR

EVERYONE (SAFE) TEAM
10 The SAFE Team provides three main services to the community

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

2. Non-emergency response for people in need

3. Proactive and continued community outreach
Cotati and Rohnert Park have partnered to provide a mobile mental health crisis response team for our cities. The SAFE team began service November 1, 2021 starting with 12 hour daily coverage from noon to midnight. We are currently at 18-hour daily coverage, but our goal is to provide 24 hour daily SAFE response by the end of 2022. Our SAFE team is modeled after the successful Cahoots program in Eugene Oregon, which consists of a mental health professional, resource advocate and medic (nurse, paramedic or EMT).

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

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

SAFE is intended to benefit everyone by
keeping police officers, firefighters and
paramedics available for appropriate
emergencies. During the initial startup of
SAFE, the earliest available statistics are from
December 2021. During that month, the
SAFE team responded to 87 calls (76 in
Rohnert Park and 11 in Cotati). The majority
of the calls were public assistance, followed
by welfare checks and counseling requests.

During this particular month, most calls came
in on Monday and Thursday, typically around
noon and 4 pm, and to a lesser degree 6 pm
and 10 pm.

If you observe someone experiencing mental health issues or homelessness you can contact SAFE by calling 707-792-4611 for non-emergencies or 911 for emergencies.

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RACIAL AND IDENTITY PROFILING ACT
(RIPA)
11 The Racial and Identity Profiling Act (RIPA) was formed as part of AB953 (Weber, 2016).

The Racial and Identity Profiling Advisory Board (RIPA Board) is a diverse group of members that represent the public, law enforcement and educators. At the direction of the Legislature, their charge was to eliminate racial and identity profiling, and improve diversity, racial, and identity sensitivity in law enforcement.

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

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

The bill requires an agency that employs one or more but less than 334 peace officers to issue its first annual report to DOJ by April 1, 2023. (All police agencies in Sonoma County, including the Cotati Police Department, are in this category).

For transparency, the Cotati Police Department decided to collect RIPA data before the scheduled mandate. Our Police Department is a member of a Public Safety consortium.

Members of the consortium include the Sonoma Sheriff’s Department, cities of Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma and Windsor (Sonoma and Windsor contract services with Sheriff’s Department).

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

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HI-LO SIREN DRILL
12 All Sonoma County Law Enforcement Agencies use “Hi-lo” sirens for emergency evacuations. Hi-Lo sirens have a distinct European emergency vehicle sound. When you Hear the Hi-Lo its’ Time to Go. We will only use Hi-Lo sirens for emergency evacuations. In the Fall of 2021, during the fire season, the Cotati Police Department, Sonoma State University Police Department and Rohnert Park of Department of Public Safety conducted a coordinated Hi-Lo Siren evacuation drill. In 2022 we will conduct another evacuation Hi-Lo Drill. To see which evacuation zone you live in, go to the City website (www.cotaticity.org) and click on the Police page.

POLICE POLICIES
Our department policy manual is available on the City Website. The California Legislature continues to enact laws that direct law enforcement towards police reform. Our policies were amended in 2021 ensuring our compliance with current law. Whenever there are changes to our policy, we republish the manual and repost it on our City Website.

POLICE DEPARTMENT POLICY

COMPLIANCE REVIEW
The City of Cotati retained an independent auditor to review the Police Department’s compliance with areas of existing policy. City leaders and I requested the study focus on policies that are considered “high risk”, as it relates to the potential for negative outcomes and/or significant risk to citizens, staff, and ultimately City liability. By ensuring the department is appropriately adhering to policy and/or identifying areas in which policy and practice contradict, the City has demonstrated a commitment to safeguard the mission to provide quality public safety services.

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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community)

DEA PRESCRIPTION DRUG TAKEBACK
Annually, the Cotati Police Department hosts a Drug Enforcement Administration (DEA) prescription drug takeback. Proper disposal of prescription drugs makes your home a safer place and it also benefits our environment. Throwing medications away in the garbage may be dangerous and lead to tragic accidents, as they can end up in the mouths of children or household pets. Many people also flush expired or unused medications down the toilet or drain, resulting in these drugs ending up in our lakes, streams, and water supplies.

The Cotai Police Department also has a bin in our public access lobby where you can dispose of prescription pills throughout the year. Please remove pills and bag them up so there is plenty of room for all to dispose of their unwanted and expired medications. 13 10.B.a
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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community)

TRAINING
14 The Cotati Police Department is certified by the California Commission on Peace Officers Standards and Training (POST). Sergeant Paul Goodin is our training manager assigned to keep our department in compliance with POST. Some POST training is mandated, such as perishable skills. However, the Cotati Police Department routinely trains beyond POST mandates with our police officers, police dispatchers and other civilian staff.

In 2021, one of these extra trainings included “Principled Policing”. This course teaches policing approaches that emphasize respect, listing, neutrality, and trust (Procedural Justice) while also addressing the common implicit bias that can be barriers to the approaches. Developing an understanding of these two concepts will enable us to improve safety and well-being for the public and our officers alike.

Another extra training in 2021 was suicide prevention and response. “Callers in Crisis:

Suicidal Callers” was attended by our dispatchers and one officer. This course provided actual 911 call scenarios teaching techniques to build rapport with a suicidal caller and help the dispatcher get the information needed for the best potential outcome.

Finally, our police staff also attended two courses de-escalation training in 2021. These courses teach police officers and dispatchers methods to de-escalate volatile situations to improve outcomes and prevent harm. These trainings also include training on when to not respond, duty to intercede if it is believed that excessive force is being used, and when it’s safe to retreat to help de-escalate a situation.

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RECRUIT TRAINING OFFICERS
15 The Cotati Police Department is proud to have two Recruit Training Officers (RTOs) assigned to the Santa Rosa Junior College’s Public Safety Training Center (Regional Police Academy). Sergeant B Gallo and Sergeant Tyler Wardle are cadre at the Academy assisting full-time faculty and instructors to provide our future law enforcement officers with the knowledge and skills to better serve and protect California communities.

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LOCAL ROAD SAFETY PLAN (LRSP)
16 In 2021, our City developed a LRSP by identifying the top systemic collision patterns throughout the City and top collision locations. The LRSP was a public effort, with key input by Public Works, traffic engineering experts and Police. This safety plan provides the City with a toolbox of countermeasures to reduce collisions through future traffic projects and traffic enforcement by our officers. The City will use the LRSP to make it safer for vehicle, pedestrian and bicycle travel in Cotati.

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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community)

USE OF FORCE
17 In 2021, the Cotati Police Department experienced zero (0) URSUS (California Department of Justice Use of Force Incident Reporting database) reportable use of force.

URSUS Criteria

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

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

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

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

In Cotati, we have adopted a far more expansive definition of use of force (UOF), including reviewing any incident beyond simple handcuffing. Reportable UOF events in Cotati include the display of force (such as unholstering any type of police tool, including taser, pepper spray, or firearm). In 2021, we began the year tracking Use of Force (UOF) using a paper form, but subsequently transitioned to using the police record management system software system for better tracking. When UOF occurs, officers record their incident using a checklist, which lists which officers were present (including mutual aid officers), what tool was used (i.e. Taser, control hold), whether officers or suspects received injuries and why force was used. When supervisors review the arrest/incident reports it is flagged for UOF. Sergeants read the report narrative, review the UOF module and view the officers Body Worn Camera.

As Chief of Police, I also review each UOF for any policy violations or an opportunity to consider alternate equipment, techniques, or training in the future to reduce or avoid the use of force.

Control Hold: Controlling someone who is not doing what they are being instructed to do Defensive Techniques: Defending yourself against someone who is actively attacking the officer
WRAP: A safe restraint system, designed to protect subjects, officers Firearm Displayed: Firearm removed from holster
Firearm Pointed: Firearm pointed at subject
Taser Displayed: Taser Removed form holster
Taser Deployed: Taser Darts Launched or Taser Contacting Subject.

Impact Weapon: Use of a baton on a subject
Pepper Spray: Use or pepper spray on a subject

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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community) Use of Force Summary
Firearm Displayed Arrest, active warrant.

Firearm Displayed Arrest, battery
Firearm Pointed Medical assist, felony vehicle stop.

Firearm Pointed Arrest, assist Sheriff’s Office on vehicle pursuit Firearm Pointed 5150 Hold, subject with loaded gun
Firearm Pointed Arrest, felony car stop
Firearm Pointed Arrest, felony car stop w/SSU assist
Firearm Pointed Arrest, assist Sheriff’s Office on felony car stop Firearm Pointed Arrest, felony pursuit and warrant, mutual aid Taser Deployed/Defensive Technique Arrest, auto burglary, assault on police officers with deadly weapon, threats to officers.

Use of Force Number of Events
Control Hold 15
WRAP 2
Control Hold/Defensive Technique 2
Taser Deployed/Defensive Technique 1
Control Hold/WRAP 1
Control Hold/WRAP/Taser Displayed 1
Control Hold/Taser Displayed 4
Firearm Displayed 2
Firearm Pointed 7
Taser Displayed 4
Taser Deployed 0
Impact Weapon 0
Pepper Spray 0
Totals 39

USE OF FORCE
(continued)
18 For the uses of force that included displaying or pointing a firearm, or using a Taser, the following table summarizes the incidents leading to this type of force being used.

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BODY WORN CAMERA (BWC) UPGRADE
19 For 2021 the Cotati Police Department transitioned from Generation 2 to Generation 3 BWC’s.

For transparency and accountability our police department was the first law enforcement agency in Sonoma County to issue BWC’s to all officers. Our BWC media is stored in a “cloud” when cameras are docked to download and recharge.

Moving from Generation 2 to Generation 3 BWC technology is a significant improvement, both in function and transparency. Sometimes during stressful circumstances, officers my not have the time or ability to activate their BWC. The upgrade automatically activates the new BWC when the officer’s firearm or Taser is drawn, vehicle emergency lights are activated and when the BWC detects gunfire.

The upgrade includes livestreaming capabilities when the BWC are activated. This allows for the 911 dispatchers or command staff to view live video from the officers BWC to allow for better outcomes.

Additionally, the new BWC has longer battery life and better video quality in all lighting conditions.

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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community)

NEIGHBORHOOD OFFICER MEETINGS
Cotati Police Officers hosted two Neighborhood Officer meetings for each of the neighborhood areas in 2021. Cotati is comprised of six (6) areas (beats), which are coincident with evacuation zones. Maps of both beats and evacuation zones are available for view on the Police page of our City Website. An individual officer is assigned to each of the six areas and their phone numbers and emails are available to citizens and business owners to ask questions and make requests. Officers rotate annually to allow officers to better learn the areas and for residents and businesses to better know our officers. We invite you to attend one of our meetings.
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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community) PATROL
21 Our sworn police staff are here 24/7 to keep our community safe. The list of things that officers do on a daily basis is long, including the following summary of the main things our officers do to enhance the quality of life in Cotati.

Protect life and property through the enforcement of laws & regulations; Proactively patrols assigned areas
Conduct traffic and parking enforcement
Respond to calls for police service
Conduct preliminary & follow-up criminal and traffic investigations Conduct interviews
Prepare written reports and field notes of investigations and patrol activities Arrest and process criminals
Testify in court
Emergency duties required during adverse weather conditions Exercise sound judgment in determining when to use force and to what degree Operate a law enforcement vehicle under emergency conditions day or night Comprehend legal documents including citations, affidavits, warrants and other documents.

Active Community
Oriented Policing
Self-initiate traffic
and/or criminal
investigations
Supplement animal
control
Perform bar and
business checks

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ANIMAL CONTROL
22 Community Services Officer Carrie Peoples is our designated animal control officer. When Carrie is not available, our police officers respond to calls for service regarding both domestic and wild animals. Carrie is also in charge of dog licensing for our City. Please license your dogs so that we can better serve you and your pet if they get loose or have other issues. Cotati contracts with Rohnert Park Animal Services for sheltering our animals.

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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community)

DISPATCH
The Cotati Police Department employs six (6) Police
Dispatcher/Clerks. Our police dispatch is a Public
Safety Answering Point (PSAP) receiving all 911
calls for law enforcement, fire, and medical
emergencies for both the City of Cotati and the
Sonoma State University campus (we have a
dispatch contract with SSUPD). In addition to 911
calls-for-service, our dispatchers answer regular
police business call for our City and the University,
and our dispatchers are also clerks who process
police records, Public Records Request and other
administrative duties. Our lobby is open to the public
24/7.
23 MADD AWARD
MADD changed the criteria for the Drunk
Driving Enforcement Award from a threshold
of 25 DUI arrests for a small agency to the
individual officer with the highest number of
arrests. Sergeant Tyler Wardle (who held the
rank of Police Officer in 2020) had 17 DUI
arrests, which was the highest of any Cotati
Police Officer in 2020 and was given the
MADD Award in 2021.

This is Sergeant Wardle’s second MADD
Award during his service with the City of
Cotati. Please join me in congratulating him
for his efforts to make Cotati a safer place.

With the ongoing Pandemic, there have been fewer cars on the road. Mothers Against Drunk Drivers (MADD) recognized that because of a decreased volume of vehicle traffic, that fewer drunk driving arrests would occur.

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TRAFFIC OFFICER
Officer Ryan Reinke is our full-time Traffic
Officer. Officer Reinke completed Motor
Officer training in 2020. His primary duty is
traffic enforcement, concentrating on driving
behavior that causes accidents such as
speeding and distracted driving. Officer
Reinke is also assigned to traffic accident
investigations. If you have a traffic
complaint or request, please go to the
Police page of the City website to submit
your concerns.

K9 TEAM
We are fortunate to have Corporal
Brian Deaton and his partner REMO
as our K9 Team. REMO is a dualpurpose trained Police K9 for the apprehension of violent offenders and
the detection of Cocaine, Heroin and
Methamphetamine. We also make our
K9 Team available for mutual aid,
when requested by our law
enforcement partner agencies. REMO
was procured through the Sean's K9's
grant program.
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CADETS & VOLUNTEERS
The police department has both Cadets and Volunteers, providing them with an opportunity to assist our department and learn about career opportunities in law enforcement. Our cadets are normally high school students who help with mutual aid for parades and other events in Sonoma County, including the Butter and Eggs Festival, the Apple Blossom Festival, and our own Kids Day Parade and Festival. Cadets also go on ride-a longs with officers, attend in house trainings and criminal justice field trips. Our volunteers help with daily duties at the police department such as processing alarm permits and maintaining the inventory of police equipment and supplies. Often our cadets and volunteers become police officers, deputy sheriffs and public safety dispatchers.

PARTNERSHIPS
The Cotati Police Department has a strong relationship with the Rancho Adobe Fire Protection District, Sonoma State University Police Department and the Rohnert Park Department of Public Safety. Together, through teamwork, mutual aid, and allied training, we make all of our jurisdictions a safer place to live and improve the quality of life for our residents and businesses.
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COMMUNITY OUTREACH
Pandemic restrictions in 2021 limited the amount of in-person outreach events that we held.

However, we did host Coffee with a Cop events while observing masking requirements and social distancing. Additionally, we resumed National Night Out at La Plaza Park, after pausing it for 2020, including free food from a local restaurant, and partnering with our Recreation Department to show the Tom & Jerry movie. We also continued our Annual Holiday Toy Drive, partnering with the Rohnert Park/Cotati Rotary and Rancho Adobe Fire Protection District to collect, wrap and deliver many toys to children throughout the Cotati area. 26 COMMUNITY INFORMATION
I also want to take this opportunity to invite you to follow us on one or more of our social media platforms. Our police department has a robust public information presence to better engage with our residents and to be accessible to our community where they are. In addition to the police page of the City website, and regular pieces in the Cotati Connection newsletter, we use Facebook (now with over 4,300 “friends,”) Instagram (now with over 2,800 followers) and Nixle for time sensitive and emergency information. We encourage you sign up for Nixle alerts by downloading the Everbridge application on the Google or iOS app stores, or by texting your zip code to 888777.

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Attachment: CPD ANNUAL REPORT 2021 (Police 2021 Annual Report to the Community) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Request for City Council direction and input regarding potential changes to the City's appeal process.

Date: May 10, 2022
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended that the City Council review the information provided by staff, consider the various options identified and provide direction on a potential ordinance.

Background
On April 26, 2022, staff from the Community Development Department presented an Ordinance which included suite of proposed changes to the City’s land use code, implementing several General Plan and Housing Element policy and programs. These policies and programs provided direction to make changes regarding the City’s development review process for housing projects.

Housing Element Program 2-6 directed the removal of the Use Permit requirement for multifamily housing in the Neighborhood Urban (NU) Zoning District. As a separate component of this Ordinance, staff had included another recommended change to remove the Use Permit requirement for multi-family housing in the Neighborhood Medium (NM) Density Zoning District. Design Review approval from the Planning Commission in a fully noticed public hearing would remain under proposed changes.

Analysis/Discussion
In discussing the removal of the Use Permit requirement for multi-family housing in the NU and NM zoning districts, a majority of the City Council expressed a desire to explore options to mitigate the potential for problematic projects to move forward absent additional public input.

Specifically, they requested further discussion on the following options:

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1. Not implementing Housing Element Program 2-6, which would remove the Use Permit requirement for multi-family housing in the NU District, or

2. Elevating all multi-family Design Review decisions to the City Council.

As indicated in the hearing, one of the goals in implementing this program is to assist the City in the adoption and approval of the City’s pending 6th Cycle Housing Element by the State Department of Housing and Community Development (HCD). Given the recent experiences of Southern California cities, many of which had their Housing Elements rejected, it is believed that the City will be better positioned to get certified by completing a program that was committed to in the existing Housing Element.

In response, staff has researched the potential impacts from the implementation of either of these directions with our Housing Element consultant (Jane Riley, 4Leaf), who was of the opinion (of the two choices above) that the identified targeted change in the Design Review process would likely be viewed as an added “impediment’ to the development of housing units, making rejection of the City’s 6th Cycle Housing Element more likely. If this was the only option, our Housing Element Consultant suggested that it would be better to not implement Program 2-6.

While staff sees full implementation of Housing Element 2-6 as an important step, given the concerns raised by a majority of the City Council, staff has sought to identify a third option.

Option 3: Changes to the general Appeal Process
In jurisdictions throughout the State, it is common for the appeal chapter of the municipal code to include a provision that allows the City Council to appeal any land use action of a lower decision-making authority. In Sonoma County, the Town of Windsor and City of Sonoma have similar provisions. These policies are generally intended to ensure decisions that are deemed to have a significant or material impact on the quality of life of members of the community are thoroughly vetted and decided by those directly elected to represent those community members.

The Cotati Municipal Code currently has an allowance, but staff is recommending new language and deleting existing problematic language.

Given direction from the City Council, staff has proposed new language to create a process for a majority of City Council members to appeal any land use decision of a lower decision body within a given time frame. Draft ordinance language is provided below, and the existing Appeal Code language is attached for context.

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17.84.030(A)(3)
City Council. The City Council may appeal any action of the Director of Community Development or Planning Commission. The decision to appeal an action must be made within 30-days following the action of the Director of Community Development or Planning Commission and shall require a majority vote of the City Council. The decision to appeal shall be made at the time the City Council agenda grants the City Council the opportunity to provide direction on future agenda items. If an appeal is made by the City Council, there shall be a presumption that the appeal is based on the concern that the appealed action may have significant and/or material effects on the quality of life of the citizens residing within the City of Cotati. No other reason need be or shall be stated by the City Council. No inference of bias shall be made because of such an appeal. Such an appeal shall be a de novo decision.

Additionally, in researching this item, staff discovered existing text in the appeals section that is recommended for removal, as it is problematic from a process standpoint and may trigger legal challenges if used. Therefore, in the existing Appeal Code language, staff recommends also striking the entirety of section “17.84.050 Directed Referral”.

It is believed that these proposed changes will both remove a potential existing impediment to housing and broadly ensure that decisions that are deemed to have a significant or material impact on the quality of life of members of the community are thoroughly vetted and decided by those directly elected to represent those community members.

Permitted or Conditional Use Permit?
Finally, it should be clarified that the Housing Element Program 2-6 specifically focused on removal of the use permit for multifamily development in the NU zone. Staff suggested that this also be extended to the NM zone, under the general policy to remove impediments, and this seemed to be consistent with the change to NU. Additionally, the use permit is not believed to add much value over the existing design review process. However, the City Council has the option to not take the staff recommendation on NM and only remove the use permit requirement for the NU zone, consistent with the specific program language.

Staff requests City Council direction and feed back on the proposed ordinance changes.

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Financial Considerations
The direct and quantifiable impacts of this decision are identified as the cost of the staff time to the general fund in working on the proposed Ordinance and code revisions. This is generally anticipated to be between 20-40 hours to bring such an ordinance before the City Council.

There may be indirect or un-anticipated costs associated with not implementing the adopted Housing Element programs, however, these are uncertain and unable to be quantified.

Attachments:

Chapter 17.84 APPEALS (PDF)

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5/4/22, 2:53 PM Chapter 17.84 APPEALS
https://www.codepublishing.com/CA/Cotati/#!/Cotati17/Cotati1784.html#17.84 1/6 Chapter 17.84

APPEALS
Sections:

17.84.010 Purpose.

17.84.020 Appeal subjects and jurisdiction.

17.84.030 Filing of appeals.

17.84.040 Processing of appeals.

17.84.050 Directed referral.

17.84.010 Purpose.

This chapter establishes procedures for the appeal and review of determinations and decisions of the director or commission. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part), 2004).

17.84.020 Appeal subjects and jurisdiction.

A. Director Decision. A determination or decision by the director or department staff may be appealed to the commission.

B. Director Decision on Design Review. A decision of the director in relation to the design review process may be appealed to the commission. See Section 17.62.040 (Design review).

C. Commission Decision. A decision by the commission may be appealed to the council. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part), 2004).

17.84.030 Filing of appeals.

A. Eligibility. An appeal may be filed by:

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Attachment: Chapter 17.84 APPEALS (Concept Appeal Ordinance) 5/4/22, 2:53 PM Chapter 17.84 APPEALS
https://www.codepublishing.com/CA/Cotati/#!/Cotati17/Cotati1784.html#17.84 2/6

1. Any person affected by an administrative determination or action by the director, as described in Section 17.84.020(A);

2. In the case of a planning permit and/or hearing decision described in Section 17.84.020, by anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing or determination.

B. Timing and Form of Appeal. Appeals shall be filed with the director, on a city application form, within ten calendar days after the date of the decision or action being appealed. The appeal shall include the required filing fee. The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal.

C. Scope of Planning Permit Appeals. An appeal of a decision by the director or commission on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

D. Action Being Appealed Suspended. Pending a decision on an appeal in compliance with this land use code, all rights emanating from the permit, license, or other entitlement that is the subject of the appeal, and all relevant time periods, shall be suspended.

E. Multiple Actions. In the event an appeal is filed regarding a decision on one of multiple permits or city approvals concurrently granted for a single project (for example, the approval of a use permit is appealed on a project for which a negative declaration was approved at the same time), all concurrently granted city permits and approvals for the project shall be automatically appealed, and shall be considered and acted upon in compliance with this chapter. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part), 2004).

17.84.040 Processing of appeals.

A. Scheduling of Hearing. After an appeal has been received in compliance with Section 17.84.030, the director shall schedule the matter for a commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.

B. Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.

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Attachment: Chapter 17.84 APPEALS (Concept Appeal Ordinance) 5/4/22, 2:53 PM Chapter 17.84 APPEALS
https://www.codepublishing.com/CA/Cotati/#!/Cotati17/Cotati1784.html#17.84 3/6 C. Joining an Appeal. Only persons who file an appeal within the ten-day appeal period in compliance with Section 17.84.030 shall be considered appellants of the matter under appeal.

1. Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section

17.84.030.

2. No person shall be allowed to join an appeal after the end of the ten-day appeal period.

D. Withdrawal of Appeal. Once filed, an appellant may withdraw an appeal only within the ten-day appeal period established by Section

17.84.030(B).

E. Findings and Decision.

1. General Procedure. The appeal body shall conduct a public hearing in compliance with Chapter 17.88 (Public Hearings). a. Scope of Review. When reviewing an appeal the review authority may consider any issue associated with the project for which a decision is being appealed, in addition to the specific grounds for the appeal. The review authority shall also consider any environmental determination applicable to the entitlement or decision being appealed. b. New Evidence. If new or different evidence is presented during the appeal hearing, the commission or council may refer the matter back to the director or commission, as applicable, for a report on the new or different evidence prior to a final decision on the appeal.
c. Decision. After a public hearing, the appeal body may:
i. Approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal; and
ii. Adopt additional conditions of approval deemed reasonable and necessary; or

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Attachment: Chapter 17.84 APPEALS (Concept Appeal Ordinance) 5/4/22, 2:53 PM Chapter 17.84 APPEALS
https://www.codepublishing.com/CA/Cotati/#!/Cotati17/Cotati1784.html#17.84 4/6 iii. Disapprove the planning permit approved by the previous review authority, even if the appeal only requested modification or elimination of one or more conditions of approval.

2. Appeals to the Council. A decision by the commission may be appealed to the council as provided by Section 17.84.030 (Filing of appeals).
a. Authority of Council. The council shall have the authority to approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on the appeal. The lack of an affirmative majority vote on the appeal, or a tie vote, shall constitute denial of the project appealed. b. Referral. The council may refer any appeal to the commission for a report and recommendation, or for further proceedings.

In this event, if the commission changes its decision, and the appeal is thereafter returned to the council, the appeal shall be deemed to be from the decision of the commission as modified. c. Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.

3. Simultaneous Appeal and Directed Referral. When an action is both appealed and a directed referral is called (Section

17.84.050), both the appeal and the directed referral shall be heard by the council.

F. Effective Date of Appeal Decision. A decision by the commission on an appeal is effective on the eleventh day after the decision, when no appeal to the decision has been filed with the council. A decision by the council is effective as of the date of the decision. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part), 2004).

17.84.050 Directed referral.

A. Purpose. This section provides a process for an individual council member to initiate a directed referral on an application where action has been taken and is normally final at a lower level of authority, and to have the matter heard by the commission or council, as determined by the council.

B. Grounds for Directed Referral.

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Attachment: Chapter 17.84 APPEALS (Concept Appeal Ordinance) 5/4/22, 2:53 PM Chapter 17.84 APPEALS
https://www.codepublishing.com/CA/Cotati/#!/Cotati17/Cotati1784.html#17.84 5/6

1. If the council refers an action to the commission, the grounds for the directed referral shall be that the individual council member believes the matter should be determined by the commission.

2. If the council refers an action to itself, the grounds for the directed referral shall be that the individual council member believes the matter should be determined by the council.

C. Procedure for Directed Referral. The individual council member shall prepare and sign a written directive that specifies:

1. Whether the action will be referred to the commission or the council;

2. If the action will be referred to the commission, whether the commission’s decision shall automatically proceed to the council for review; and

3. Whether the directed referral is being initiated on the grounds specified in subsection (B)(1) or (B)(2) of this section. No other grounds or reasons for the directed referral shall be stated.

D. Time Limit. A directed referral shall be filed with the city manager within the time limit for appeals provided by Section 17.84.030(B) or, in the case of a decision for which no time limit for appeal is specified, within ten calendar days of the action being referred.

E. Action by Review Authority. Any matter brought before the review authority designated by the council as a directed referral shall be considered at a noticed public hearing.

1. All alternatives available to the review authority which considered the original application are also available to the review authority for the directed referral, which may approve, modify, approve with conditions, or disapprove the item.

2. When considering a directed referral, the review authority may consider any issue associated with the decision being referred, in addition to the specific grounds for the referral.

F. Participation by Initiator of Directed Referral. The council member who initiated a directed referral process shall have full participation rights in the hearing, unless actual bias or prejudice is otherwise shown. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part),

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Attachment: Chapter 17.84 APPEALS (Concept Appeal Ordinance) 5/4/22, 2:53 PM Chapter 17.84 APPEALS
https://www.codepublishing.com/CA/Cotati/#!/Cotati17/Cotati1784.html#17.84 6/6 2004).

The Cotati Municipal Code is current through Ordinance 907, passed January 11, 2022.

Disclaimer: The city clerk’s office has the official version of the Cotati Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: http://www.cotaticity.org/
City Telephone: (707) 665-3622
Code Publishing Company

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Attachment: Chapter 17.84 APPEALS (Concept Appeal Ordinance) 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: May 10, 2022
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 2021-01: 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 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 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 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 2021-01 is available at the online meeting portal at www.cotaticity.org or by request from the City Clerk at 707-665-3622 or [email protected].

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Cotati City CouncilMay 10, 2022

Cotati City Council
May 10, 2022