Agenda packet — Cotati City Council, March 28, 2023 (part 1 of 4)

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday March 28, 2023
6:00 PM REGULAR MEETING
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated.

City Council meeting agendas, minutes, and recordings are posted on the City’s Meeting Portal at www.cotaticity.org.

For questions about the agenda of to receive the City Council agenda by email, contact the Deputy City Clerk at [email protected] or (707) 665-3622.

Cotati City Council Meetings will be conducted in person in the Council Chamber, and, as a courtesy, participate virtually through Zoom Online video conferencing, and will be available to watch or listen in the following ways:

1. Using the following online livestream meeting portal link: 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 clicking the link below:
https://us02web.zoom.us/j/87120950155?pwd=Qm9DdTFTcVllamFCam9qbXcyL3VlQT09 If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:

Webinar ID: 871 2095 0155
Passcode: 501565
+1 (669) 900-6833 or +1 (346) 248-7799 or +1 (253) 215-8782 or +1 (301) 715-8592 or +1 (312) 626-6799 or +1 (929) 436-2866
Attendees may join the meeting any time after 5:45pm. Attendees will be muted until they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone. Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom notification that you have been unmuted. Once you begin your public comment, your three minutes will begin.

If you would prefer to submit your public comment in writing, please email your comments to [email protected]. If you are commenting on a specific agenda item or items, please state the agenda item number(s) in the subject line of the email. All comments received via email will be provided to the City Council or Planning Commission in writing and included as part of the record of the meeting. ###
Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda.

Any writings or documents provided to a majority of the Cotati City Council regarding any item on this agenda will be made available for inspection in the online Meeting Portal at http://cotaticityca.iqm2.com/Citizens/calendar.aspx and in the City Manager’s office located at 201 West Sierra Ave, Cotati, CA during the City’s posted business hours.

Cotati City Council Agenda March 28, 2023

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Disabled Accommodations: 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 [email protected], or (707) 665-3622, at least 48 hours in advance of the meeting.

Closed Captioning/Live Transcription: This meeting will be transcribed live via the Zoom platform. Zoom attendees running Zoom version 5.0.2 or higher will be able to see the transcription at the bottom of their personal Zoom screen.

Learn more at https://support.zoom.us by searching “closed captions.” Rules of Decorum: To avoid distraction, the following meeting etiquette shall be enforced. • Silence electronic devices, including cell phones.
• Audience members are advised to keep conversations to a minimum of conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area.
• The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 2021-01 III.B.1.)
Public Comment (Action Items): Public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person. Action items are typically designated on the agenda title.

Public Comment (Non-Action Items): Public comment on non-action agenda items shall be received during the designated portion of the agenda. Comments shall be limited to no more than three (3) minutes for all non-action agenda items.

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

City Council meetings are conducted according to City Council Policy 2021-01: City Council Rules. This policy is available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Ave, Cotati, CA, during the City’s posted business hours.

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

1. CALL TO ORDER
Members of the public may participate in the meeting via Zoom by pasting the following link into your web browser:
https://us02web.zoom.us/j/87120950155?pwd=Qm9DdTFTcVllamFCam9qbXcyL3V lQT09

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 - MAR 14, 2023 6:00 PM Cotati City Council Agenda March 28, 2023

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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.

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. The City has vacancies on the Planning Commission and Sonoma County Library Commission. See details on how to apply under “Latest News” at cotaticity.org.

E.. Like always, we love to hear from you, so please feel free to contact the City at 707- 792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, and Nixle.

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. LETTER OF OPPOSITION TO SB 423
It is recommended that the City Council receive a report about the Cal Cities Action Request and resulting mayoral letter sent in opposition to SB 423 (Wiener).

Cotati City Council Agenda March 28, 2023

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B. MAIN FLUSHING AND WATER TREATMENT SERVICES FOR THE

WATER DISTRIBUTION SYSTEM
It is recommended the City of Cotati City Council by motion approve a second amendment to the Standard Service Agreement with No-Des, Inc., for purchase of additional filters used for the water main flushing services.

C. AWARD CONSTRUCTION CONTRACT FOR THE COMMUNITY CENTER

DANCE STUDIO REPAIRS PROJECT
It is recommended the City of Cotati City Council by Motion award construction contracts for the Community Center Dance Studio Repairs Project to M3 Integrated Services and United Mechanical and authorize the City Manager to execute any required amendments for both the construction contracts or the related construction management agreement and authorize a total not to exceed budget for the Dance Studio Repairs effort of $50,000.

D. PURCHASE OF A THREE DIMENSIONAL (3D) SCANNER

TECHNOLOGY/EQUIPMENT/SOFTWARE TO RECORD AND
DOCUMENT CRIME SCENE AND ACCIDENT INVESTIGATIONS.

It is recommended that the Cotati City Council by motion approve the purchase of a FARO Focus Core USA Model LS9-LU-TAA 3D Crime Scene/Accident Investigation Equipment and Associated Software, authorizing the City Manager to execute all documents necessary to complete the purchase.

E. RESCINDING ENACTMENT OF STAGE 1 (20%) OF THE CITY'S WATER

SHORTAGE CONTINGENCY PLAN AND CONTINUED COMPLIANCE

WITH STATE'S EMERGENCY DROUGHT REGULATIONS
It is recommended the City of Cotati City Council adopt a resolution 1) rescinding the May 25, 2021, enactment of voluntary Stage I of its Water Shortage Contingency Plan, and 2) direct staff to comply with the State Water Board's Emergency Drought Regulations, adopted following Governor Newsom's proclamation of a drought state of emergency for all counties in California, as it pertains to Community Water Systems, for the duration the State emergency regulation is in effect.

9. DIRECTION ON FUTURE AGENDA ITEMS

10. PUBLIC HEARINGS (ACTION)
A. 2023 HOUSING ELEMENT UPDATE AND THE ASSOCIATED GENERAL

PLAN ENVIRONMENTAL IMPACT REPORT (EIR) ADDENDUM
Based on the analysis and findings in the staff report and the attached resolutions, the Community Development Department and the Planning Commission recommend that the City Council adopt the Resolution approving an Addendum to the City of Cotati General Plan Environmental Impact Report (EIR) in connection with the 2023-2031 Housing Element Update, and the Resolution approving the 2023-2031 Housing Element Update.

Cotati City Council Agenda March 28, 2023

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11. REGULAR AGENDA (ACTION)
A. 2022 HOUSING ANNUAL PRODUCTION REPORT (APR) AND

INFORMATIONAL UPDATE
It is recommended by the Community Development Department that the City Council receive the 2022 Housing Annual Production Report (APR), provide any comments, concerns or direction to staff and file the report.

12. CITY MANAGER'S REPORT

13. CITY COUNCIL MEMBER REPORTS

14. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

15. 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.

16. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City's website, bulletin boards of City Hall, Veterans' Memorial Building and the SMART Train Depot, on or before March 24, 2023.
/s/ Kevin Patterson, Deputy City Clerk

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday March 14, 2023
6:00 PM REGULAR MEETING

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

2. ROLL CALL
Attendee Name Title Status
Susan Harvey Mayor Present
Laura Sparks Vice Mayor Present
Ben Ford Councilmember Present
Sylvia Lemus Councilmember Present
Kay Rivers Councilmember Present
Staff present: City Attorney John Bakker, City Manager Damien O’Bid, Director of Public Works/City Engineer Craig Scott, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Permit Technician Carla Duncan.

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)
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
A. COTATI CITY COUNCIL - SPECIAL MEETING - FEB 24, 2023 3:00 PM B. COTATI CITY COUNCIL - REGULAR MEETING - FEB 28, 2023 6:00 PM C. COTATI CITY COUNCIL - SPECIAL JOINT MEETING - MAR 6, 2023 7:00 PM

5. ANNOUNCEMENTS

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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes March 14, 2023

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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.

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. PROCLAMATIONS
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI -

NATIONAL SURVEYOR'S WEEK
Bruce John accepted the proclamation on behalf of the National Society for Professional Surveyors, the California Land Surveyors Association, and the Sonoma Chapter of the California Land Surveyors Association.

B. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI FOR AMERICAN RED CROSS MONTH 2023
Kelly Bradshaw accepted the proclamation on behalf of the American Red Cross.

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

Public Comment:

Laurie Alderman of Cotati

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS

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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes March 14, 2023

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No public comment.

9. CONSENT CALENDAR (ACTION)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
Vice Mayor Sparks requested to pull item 9C for further discussion.

A. APPROVAL OF 2023 LA BONITA CHIKI-BONITO CHILDREN & FAMILY FESTIVAL IN LA PLAZA PARK ON APRIL 30, 2023.

B. APPROVAL OF 2023 THE YARD MARKET EVENTS IN LA PLAZA PARK. 9C. DASH CAMERA AGREEMENT FOR POLICE ELECTRIC VEHICLES
Presentation by City Manager Damien O’Bid.

Councilmembers comment
After receiving an email from the equipment vendor, item was continued to the end of the regular calendar to allow City Manager O’Bid time to review and answer questions from Council on the pricing/inclusion of Automated License Plate Reader subscription services. City Attorney Bakker confirmed the move was allowable.

10. DIRECTION ON FUTURE AGENDA ITEMS
None.

11. REGULAR AGENDA (ACTION)
A. REVIEW OF PROPOSED SONOMA WATER TRANSMISSION SYSTEM
BUDGET FOR FISCAL YEAR 2023-24
RESULT: APPROVED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
Presentation by Director of Public Works/City Engineer Craig Scott, and Jake Spaulding and Lynne Rosselli of Sonoma Water.

Councilmembers comment.

No public comment.

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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes March 14, 2023

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Council approved a motion directing the City's Water Advisory Committee member to endorse the proposed Sonoma County Water Agency FY 2023-24 Water Transmission System budget.

B. DISCUSSION ON CITY INVESTMENTS AND MANAGEMENT
Presentation by Director of Administrative Services Angela Courter and David Bilby of Optum Investment Partners.

Councilmembers comment.

No public comment.

Council expressed support and moving forward with the proposed investment approach, and bringing back the investment policy to a future meeting.

C. DASH CAMERA AGREEMENT FOR POLICE ELECTRIC VEHICLES
RESULT: ADOPTED [4 TO 1]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Kay Rivers, Councilmember
AYES: Sparks, Ford, Lemus, Rivers
NAYS: Harvey
Item was pulled from the Consent Calendar for further discussion.

Presentation by City Manager Damien O'Bid
Councilmembers comment.

No public comment.

After a discussion on Automated License Plate Readers and the pros/cons of the technology, Vice Mayor Sparks motioned to approve the contract without the ALPR subscription included. Motion passed 4-1.

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. CLOSED SESSION

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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes March 14, 2023

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Mayor Harvey adjourned the meeting to closed session.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54956.8. PROPERTY: 147 ST. JOSEPH WAY, COTATI. CITY NEGOTIATOR: CITY MANAGER. NEGOTIATING PARTY: COTATI HOTEL, LLC. UNDER NEGOTIATION: TERMS OF
PAYMENT OF SALE OF PROPERTY.

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

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

18. ADJOURNMENT
Mayor Harvey adjourned the meeting at 9:09pm.
/s/ Kevin Patterson, Deputy City Clerk

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Minutes Acceptance: Minutes of Mar 14, 2023 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: Letter of Opposition to SB 423
Date: March 28, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council receive a report about the Cal Cities Action Request and resulting mayoral letter sent in opposition to SB 423 (Wiener).

Background
Cal Cities, of which the City of Cotati is a member, actively tracks new legislation and ballot initiatives and often takes a position on the proposed legislation if they are believed to affect California cities. Periodically, Cal Cities will send out an “Action Alert” on pending legislation that, if signed into law, is believed to have a substantially negative or positive effect on communities throughout California. The Action Alert is a call to write letters of support or opposition and/or call our state legislators.

The City Council Rules allows the mayor to sign letters of support or opposition requested by Cal Cities if there is insufficient time to bring it to the full City Council. In this case, the proposed vote in the California State Assembly is slated for the week ending March 24th, so unfortunately there was not sufficient time to bring to the letter to the full City Council prior to the planned legislative action.

Analysis/Discussion
As currently written SB 423 performs the following functions:

1. Removes the 2026 sunset and makes SB 35 statutes permanent.

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2. Applies SB 35 provisions to cities that have not been found in substantial compliance with housing element law by the department.

3. Expands SB 35 provisions to developments in the Coastal Zone.

4. Allows the state to approve housing developments on property they own or lease without being required to follow local zoning and development standards.

5. Prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.

City officials intimately understand the housing crisis playing out in our communities every day.

Cotati is working on a local and regional level to find creative solutions for homes of all income levels and strive to achieve Functional Zero homelessness in Sonoma County using a housing first model. Cotati is an active partner in the Continuum of Care which is a regional effort designed to promote a community‐wide commitment to the goal of ending homelessness, provide funding for efforts to quickly re‐house individuals and families who are homeless, which minimizes the trauma and dislocation caused by homelessness, promote access to and effective use of mainstream programs, and optimize self‐sufficiency among individuals and families experiencing homelessness.

Provided attached is the email received from Cal Cities as well as the Cal Cities provided template letter of opposition which was slightly modified to include actions taken by the City to address homelessness. This letter was signed by the Mayor and distributed as requested by Cal Cities.

A summary of the requests made from the City and Cal Cities to the Legislature includes making a permanent funding of $3 billion annually for cities to help more Californians find homes by spurring needed housing production, providing support to those who are experiencing homelessness, and prevent others from losing existing housing. Additionally, the letter requests that the State paydown the existing unreimbursed claims to local governments of almost $1 billion. It further emphasizes opposition of actions taken to mitigate the State budget deficit with reduced or eliminated funding to local governments. This short-term strategy, as it was implemented in the past, only creates additional financial challenges at a local level that jeopardize critical services to our residents.

Financial Considerations
Direct impacts are currently not quantifiable due to possible multiple impacts on future

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development within the City. Alternatively, if the State considers the requests made for paydown balances due to the City for State mandated programs, the City could see some minor inflow of resources primarily back to the General Fund.

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:

League of CA Cities - Cal Cities Request for Action(PDF) Cal Cities - SB423 (Wiener) Oppose Letter (PDF)
Cotati - SB 423 (Wiener) Letter in Opposition (PDF)

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Members of the North Bay Division:

The Legislative season is underway! Please be aware of the eight Cal Cities sponsored bills and Find out Which of the 2,600 new bills will impact cities? Below you will find a specific request to oppose SB 423 (Weiner) which would greatly expand SB 35 (Weiner), signed into law in 2017 despite strong opposition from Cal Cities. Cal Cities Letter of opposition and a sample letter for your consideration is attached. Further, Please be aware that this bill will be voted in committee next week. If you are represented by Senator Mike McGuire, please consider calling his office in addition to sending a letter ahead of his vote in committee.

Thank you for your partnership,
Nancy
P.S. A huge thank you to the over twenty cities in the North Bay for supporting my request to oppose the Ca Business Roundtable initiative that is on the 2024 November Ballot!
OPPOSE SB 423 (Wiener)
Streamlined housing approvals: multifamily housing developments:

SB 35 (Chapter 366, Statutes of 2017) expansion.

Background: In 2017, the Legislature passed, and the Governor signed SB 35. This law makes the approval of multifamily developments, many of which meet inadequate criteria, “ministerial” actions. As a result, the approval of these developments pre-empts local discretionary land use authority, bypasses the California Environmental Quality Act (CEQA), and ignores public input.

What does SB 423 specifically do?
Removes the 2026 sunset and makes SB 35 statutes permanent.

Applies SB 35 provision to cities that have not been found in substantial compliance with housing element law by the department.

Expands SB 35 provisions to developments in the Coastal Zone.

Allows the state to approve housing developments on property they own or lease without being required to follow local zoning and development standards.

Prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.

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Attachment: League of CA Cities - Cal Cities Request for Action (Opposition Letter for SB 423 (Weiner) and Support Cal Cities Budget Talking points:
• City officials intimately understand the housing crisis as it plays out in their communities every day. Local leaders are working to find creative solutions so homes of all income levels can be built.
• Cities are finalizing local housing plans that will identify sites for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success. • SB 423 is the latest overreaching bill, and would force cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input.
• Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials.
• That’s why YOUR CITY NAME is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development.
• Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. • California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process.
• Join me and oppose SB 423 (Wiener).

Nancy Hall Bennett (Ms./She/Her)
Public Affairs Manager, North Bay Division
League of California Cities
(415) 302-2032
[email protected] | www.calcities.org
Twitter │ Facebook │ YouTube │ LinkedIn

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Attachment: League of CA Cities - Cal Cities Request for Action (Opposition Letter for SB 423 (Weiner) and Support Cal Cities Budget 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org March 14, 2023
The Honorable Scott Wiener
Chair, Senate Committee on Housing
1021 O Street, Suite 3330
Sacramento, CA 95814
RE: SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) Expansion.

Notice of Opposition
Dear Senator Wiener:

The League of California Cities (Cal Cities) writes to express our opposition to your measure, SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the January 1, 2026 sunset date.

On any given day, newspaper headlines in California and across the nation are highlighting the state’s growing housing supply and affordability crisis. Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.

City officials intimately understand this crisis as it plays out in their communities every day. Local leaders are working to find creative solutions so homes of all income levels can be built. They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget

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Attachment: Cal Cities - SB423 (Wiener) Oppose Letter (Opposition Letter for SB 423 (Weiner) and Support Cal Cities Budget Priorities) to help cities prevent and reduce homelessness and spur housing development.

Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, Cal Cities respectfully opposes your measure, SB 423. If you have any questions, please do not hesitate to contact me at (916) 658-8264.

Sincerely,
Jason Rhine
Assistant Director, Legislative Affairs
Cc: Members, Senate Committee on Housing

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Attachment: Cal Cities - SB423 (Wiener) Oppose Letter (Opposition Letter for SB 423 (Weiner) and Support Cal Cities Budget Priorities)

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Attachment: Cotati - SB 423 (Wiener) Letter in Opposition (Opposition Letter for SB 423 (Weiner) and Support Cal Cities Budget Priorities)

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Attachment: Cotati - SB 423 (Wiener) Letter in Opposition (Opposition Letter for SB 423 (Weiner) and Support Cal Cities Budget Priorities) Cotati City Council
Agenda Staff Report
Item type:

To: City Council
Subject: Main Flushing and Water Treatment Services for the Water Distribution System Date: March 28, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council by motion approve a second amendment to the Standard Service Agreement with No-Des, Inc., for purchase of additional filters used for the water main flushing services.

Background
The City owns and operates a public drinking water system and is regulated by the State Water Resources Control Board. Proper maintenance of the water system requires regular flushing of the distribution system and particularly the pipelines with low points and dead ends. The flushing maintains water clarity and discharges sediment that may collect in the system.

Analysis/Discussion
On October 25, 2022, City Council approved an agreement with No-Des, Inc. to provide main flushing services. The main flushing services provide a close-system water cleaning operation where minimal water is wasted – of heightened importance during the current multi-year drought. On December 13, 2022, mid-way through the flushing operation (5 of the 10 days total), City Council approved additional budget for purchasing 936 more filters than was anticipated.

Those filters were used up and No-Des used 209 additional filters beyond that. The cost is $28 per filter plus tax for a total additional cost beyond what was authorized of $6,408.

Main flushing is providing a critical service to the operation of the distribution system and due to No-Des being in high demand across the country, it is difficult to schedule their services.

However, because they were mobilized, No-Des went ahead and proceeded with the operation.

The flushing was completed on December 16, 2022, and it wasn’t until the final billing that the overage was apparent.

Financial Considerations
The City’s adopted FY22/23 Budget includes $60,000 for main flushing contract services which was based on a prior quote received in 2021. Council subsequently, at Staff request, updated the budget to a revised total of $102,650 based on estimated needs for additional filters.

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A final additional cost for the remaining of $6,408 would increase the total project budget to $109,058. The additional budget would come from reducing budgeted balances available within GL Account 401-00-80000-000000 Materials and Supplies. No impact to the anticipated fund balance is expected.

Attachments:

City of Cotati NO-DES Flushing Invoice 1225 (PDF)

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NO-DES, Inc.
1860 Bosque
Farms Blvd.

Bosque Farms
NM 87068
United States
Invoice
#INV1225
12/27/2022
Late Payments Are Subject To 1 1/2% Interest Per Month
Bill To Ship To TOTAL
City of Cotati
201 W Sierra Ave
Cotati CA 94931-4217
United States
City of Cotati
201 W Sierra Ave
Cotati CA 94931-4217
United States $6,407.94
Due Date: 1/11/2023
Terms Due Date PO # Sales Rep Courier Tracking Number Ship Date Net 15 1/11/2023 Ohm
Kongtang
Qty Item Rate Amount
209 1Micron MultiLayer (OHM)
Polypropylene #2 Size Bag, 1 micron absolute 7" X 32" PLASTIC SURE SEAL, filter bag
(shipped 20 per box)
$28.00 $5,852.00
Subtotal $5,852.00
Tax Total
(9.5%)
$555.94
Remaining balance 11/15/22 - 12/19/22 flushing. Total

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Attachment: City of Cotati NO-DES Flushing Invoice 1225 (Main Flushing Additional Charges) Cotati City Council
Agenda Staff Report
Item type:

To: City Council
Subject: Award Construction Contract for the Community Center Dance Studio Repairs Project
Date: March 28, 2023
Written by: Brianna Steel, Engineering Tech
Recommendation
It is recommended the City of Cotati City Council by Motion award construction contracts for the Community Center Dance Studio Repairs Project to M3 Integrated Services and United Mechanical and authorize the City Manager to execute any required amendments for both the construction contracts or the related construction management agreement and authorize a total not to exceed budget for the Dance Studio Repairs effort of $50,000.

Background
The City’s Capital Plan includes efforts to upgrade and maintain our buildings and facilities.

Recently, the City has completed replacing the roof on the Community Center, approved a contract for the partial window replacement project for City Hall, and has begun the process to replace the Community Center windows.

The Dance Studio, located at the northwest corner of the Civic Center Building has been damaged by water intrusion due to the existing HVAC system. The studio is not available for use until the repairs are completed. As the City currently has a contractor on hand to perform the Window Replacement project for the Civic center, City Staff have utilized an informal bid process to obtain quotes for the repairs to remediating the damage.

Remediation of the damage and HVAC repairs are critical to have completed both to (1) better continue to provide this room as a service to our community, but also (2) in advance of the Window and painting project.

Analysis/Discussion
Informal request for bids for the Project was sent to August-Jaye and M3 Integrated Services.

One bid was received from the request and was from M3 Integrated Services. For the HVAC Repairs, United Mechanical currently is contracted for our yearly HVAC repairs, making them uniquely qualified to repair the HVAC system that had caused water damage.

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Dance Studio remediation work consists of partially removing the damaged part of the main support beam, as well as replacing some of the damaged 2”x4” pieces. United Mechanical is to remove the old and damaged portions of the HVAC air ducts and replace it with new ducting that will be arranged in a way to discourage from climbing on it.

The proposed construction design from M3 Integrated Services is for an amount not to exceed $29,300. United Mechanical’s bid is $9,882. The bids were reviewed by staff and determined to be responsive and recommends them for award. The City is to use its Minor Construction Agreement template with each of the two contractors.

The timeline for the building improvement is anticipated to start by early April with completion by May 1st, and allowing the studio to be used again. Expediting this project for approval allows for the exterior wall to be completed before the exterior painting project begins.

Financial Considerations
The total proposed project budget for the Dance Studio repairs is $50,000 which is included within the available budget unencumbered within the Civic Center Windows and Exterior Repairs Project. As such no additional budget appropriation is deemed needed at this time.

Environmental Issues
This Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Community Center Window Replacement Project is a minor alteration of an existing structure, therefore, no further environmental review is required.

Attachments:
022423 M3 Proposal Cotati Dance Room Repairs (PDF)
United Mechanical Dance Studio Ductwork Repair, 2-14-23 (PDF)

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M3 Integrated Services, Inc.
3355 Regional Parkway Santa Rosa CA 95403
PH: 707 791 7884 License No.: 966541

EXHIBIT A
February 24, 2023
City of Cotati
Mr. Dave Silzle
Moe Engineering
Re: Cotati Dance Room Repairs
M3 Integrated Services, Inc (M3) is pleased to present our proposal to provide Construction Services to repair the City of Cotati dance room at City Hall. The scope of work is based on the site tour on February 14th and discussions with Dave Silzle of Moe Engineering.

M3 will provide equipment, labor, and materials.

SCOPE OF WORK & COST
SCOPE:

Mobilization $2,500
Rot repair on existing wall framing: $6,500
Insulation $600
Dry Wall, Tape, Texture, Paint $4,800
Floor Framing $4,400
Mirror Install $2,000
Concrete Pad (2x3) $500
Stucco $6,500
Flooring $1,500
TOTAL COST: $29,300
SCHEDULE:

M3 can complete the installation in 3 weeks from Notice to Proceed

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Attachment: 022423 M3 Proposal Cotati Dance Room Repairs (Award Dance Studio Repairs) M3 Integrated Services, Inc.
3355 Regional Parkway Santa Rosa CA 95403
PH: 707 791 7884 License No.: 966541
Assumptions
• Work in day light hours
• Observe COVID 19 protocols
• 1 Mobilization with continuous access to site
General Exclusions
This proposal is based on the following exclusions:

1. Hazardous material sampling or disposal.

2. Permit fees and inspections.

3. Testing
If you have any questions regarding this proposal, please contact me at (707) 815 0524.

Sincerely,
Matt McKamey, P.E.

M3 Integrated Services, Inc.

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Attachment: 022423 M3 Proposal Cotati Dance Room Repairs (Award Dance Studio Repairs) Rohnert Park, CA 94928 | 707-796-7400
1-866-SERV-UMI (1-866-737-8864)
CA LICENSE #828335
JOBSITE:

Client: Tenant:

Contact Name: Onsite Contact:

Billing Address: Service Address:

SCOPE OF WORK:

ADDITIONAL INFORMATION:

UMI Rep: Client:

Title: Title:

Date: Date:

MOE Engineering
Dave Silzle
TBD
Craig Scott
02/14/23
By accepting this proposal, the purchaser agrees to the attached terms and conditions. This quotation will be valid for a period of 60 days and payment is due 30 days from invoicing. If payment is not received interest will accrue at the rate of 1.5% per month. If an action is brought for collection the prevailing party shall be entitled to attorney's fees.

Unless otherwise stipulated herein, our pricing is based on all work taking place during normal business hours, and excludes permits, fees, engineering, or original service call costs.

Contractors are required by law to be licensed by the Contractor's State License Board which has jurisdiction to investigate complaints against Contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractor's State License Board, P.O. Box 26000, Sacramento, CA 95826
[California Business and Professional Code 7030(a)]
Domenic Grillo
SUBMITTED TO:

Cotati, CA 94931
201 West Sierra Avenue
City of Cotati
Reference #:
6115 State Farm Drive, Unit A1 PROPOSAL AND CONTRACT
NB Account Manager
It was found that the ductwork serving the dance studio has been leaking water damaging the ductwork and damaging the existing material. Ductwork and flex will be replaced like for like in sizing. Concrete to be poured by others for ductwork supports.

TOTAL PRICE: $9,882

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Attachment: United Mechanical Dance Studio Ductwork Repair, 2-14-23 (Award Dance Studio Repairs) CA License #: 828335 | C20, C43, C36, B1, C4
1-866-SERV-UMI (1-866-737-8864) for 24/7/365 Response
2185 Oakland Road, San Jose, CA 95131 | 408-232-9000
6115 State Farm Drive, Unit A1, Rohnert Park, CA 94928 | 707-796-7400 2945 Ramco St., Suite 105, West Sacramento, CA 95691 | 916-250-1353 815 Atlantic Ave., Suite 105, Alameda, CA 94501 | 510-735-8001

TERMS AND CONDITIONS
By accepting this proposal, Purchaser agrees to be bound by the following terms and conditions:

1. SCOPE OF WORK. This proposal is based upon the use of straight time labor only. Purchaser agrees to provide United Mechanical Inc (UMI) with required field utilities (electricity, toilets, drinking water, project hoist, elevator service, etc.) without charge. UMI agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not back charge UMI for any costs or expenses without UMI’s express written consent.

2. HAZARDOUS MATERIALS. Unless specifically noted in the statement of the scope of work or services undertaken by UMI under this agreement, UMI's obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal, or disposal of environment Hazards or dangerous substances, to include but not be limited to asbestos or PCBS, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or empower the Purchaser to change, modify, or alter the scope of work or services to be performed by UMI shall not operate to compel UMI to perform any work relating to Hazards without UMI's express written consent.

3. INVOICING & PAYMENTS. UMI may invoice Purchaser monthly for all materials delivered to the job site or to an off-site storage facility and for all work performed on-site and off-site. Waivers of lien will be furnished upon request, as the work progresses, to the extent payments are received. If UMI's invoice is not paid within 30 days of its issuance, it is delinquent unless other approved agreement stipulates otherwise.

4. MATERIALS. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of UMI, then in the case of such temporary unavailability, the time for performance of the work shall be extended to the extent thereof, and in the case of permanent unavailability, UMI shall (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefor.

5. WARRANTY. UMI warrants the parts and labor used during repairs of equipment covered by a UMI maintenance agreement for a period of one (1) year from date of repair. If the equipment is not covered by a UMI maintenance agreement UMI warrants the parts for a period of (1) year and the labor for (90) days. When the customer provides notice to United Mechanical Inc of any such defect within thirty (30) days after the appearance or discovery of such defect, United Mechanical Inc shall, at its option, repair or replace the defective equipment and/or parts. These warranties do not extend to any equipment and/or parts which has been repaired by others, normal wear and tear (belts, filters, etc.), abused, altered, misused, vandalized, damaged by acts of god. THESE WARRANTIES ARE IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.

6. LIABILITY. UMI shall not be liable for any special, indirect or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement.

7. TAXES. The price of this proposal does not include duties, use, excise, or other similar taxes, unless required by federal, state or local law.

Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by UMI or, alternatively, shall provide UMI with acceptable tax exemption certificates. UMI shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work.

8. DELAYS. UMI shall not be liable for any delay in the performance of the work resulting from or attributed to acts or circumstances beyond UMI's control, including, but not limited to, acts of God, fire, riots, labor disputes, conditions of the premises, acts or omissions of the Purchaser, Owner, or other Contractors or delays caused by suppliers or subcontractors of UMI, etc.

9. COMPLIANCE WITH LAWS. UMI shall comply with all applicable federal, state and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser.

10. DISPUTES. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney's fees incurred as a result. Nothing here shall limit any rights under construction lien laws.

11. INSURANCE. Insurance coverage in excess of UMI's standard limits will be furnished when requested and required. No credit will be given or premium paid by UMI for insurance afforded by others.

12. INDEMNITY. The Parties hereto agree to indemnify each other from any and all liabilities, claims, expenses, losses or damages, including attorneys' fees, which may arise in connection with the execution of the work herein specified and which are caused, in whole or in part, by the negligent act or omission of the-indemnifying Party.

13. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act relating in any way to the project or project site.

14. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constitute the entire agreement between the parties and supersedes any prior representations or understandings.

15. SALES TAX. UMI does not hold a Reseller License and cannot collect sales tax on services provided. All stated sales tax amounts are amounts paid by UMI to each particular vendor holding a resellers license. Clients cannot claim sales taxes on any part of this business transaction.

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Attachment: United Mechanical Dance Studio Ductwork Repair, 2-14-23 (Award Dance Studio Repairs) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Purchase of a Three Dimensional (3D) Scanner technology/equipment/software to record and document crime scene and accident investigations.

Date: March 28, 2023
Written by: Michael Parish, Chief of Police
Recommendation
It is recommended that the Cotati City Council by motion approve the purchase of a FARO Focus Core USA Model LS9-LU-TAA 3D Crime Scene/Accident Investigation Equipment and Associated Software, authorizing the City Manager to execute all documents necessary to complete the purchase.

Background
Law Enforcement is required to accurately document crime and traffic collision scenes to record evidence for criminal prosecution purposes. Currently traffic and crime related incidents and scenes, such as homicides, assault with deadly weapons, sexual assaults, major injury, and fatal collisions, take several hours to document and investigate. This commonly creates extremely prolonged road closures which cause traffic circulation impacts within the City and surrounding areas as well as impacting police personnel availability time where staff is unable to respond to other calls for service. Historically, the processing of these scenes required law enforcement to manually measure and diagram crime scenes using measuring tape, photography, and hand drawn diagrams. Manually documenting crime scenes and collisions scenes is laborious and time consuming, contributes to significant traffic delays impacting the community and the environment, and exposes staff to hazardous conditions, including exposure to bodily fluids and other hazardous materials.

The newest technology crime scene documentation involves 3D (three dimensional) laser scanning with a laser 3D scanner mounted to a tripod. The 3D scanner uses laser technology to scan an entire scene and everything within that scene as it measures almost a million points per second in a complete 360-degree scan. The scan of an entire scene can be completed in 15 minutes versus four, six, and sometimes twelve hours.

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This technology will decrease officer overtime expense, free up officers to perform daily duties and it will open roads for traffic and allow citizens and business to resume their normal activities faster. This procurement further coordinates with the Cotati Council Goal 3: Provide core services consistent with best-in-class community service levels and Objective 3a. Pursue opportunities to improve service delivery, including joint procurement, leveraging internal and external staffing resources, and developing systems, policies, and procedures to streamline processes and expand capabilities of staff.

Analysis/Discussion
The Cotati Police Department seeks to become more self-sufficient and efficient in serving our community. Our Police Department does not currently have a contract for investigations to be performed by a larger law enforcement agency. As such when such events happen it can come at a much higher price tag using the outside agency or with required staffing overtime. By procuring the proposed 3D Laser Scanner as proposed our department can complete crime scene documentation from start to finish more effectively and enhance prosecution of crimes and allow for better documentation of serious or fatal collisions. The Cotati Police Department can also deploy the 3D scanner during mutual aid investigations.

The 3D scanner has historically been most commonly used in the construction industry but has been adopted by law enforcement for forensic investigations. Laser scanning technology is revolutionizing many aspects of surveying a scene and applying measurements to criminal and traffic forensic investigations. The 3D scanner is a high-speed laser that offers the most efficient method for 3D measurements and 3D imagery. It has become apparent that this level of highquality 3D data is expected to properly conduct thorough investigations. Currently this technology is in use at use at Petaluma Police Department, Santa Rosa Police Department who both use the scanner from FARO Technologies. Sonoma County Sheriff Office use 3D scanning hardware from Leica Geosystems which is significantly more expensive and is primarily focused on surveying for construction and as such would not provide simple support for Police reporting.

The need for a modern 3D laser scanner has now become critical to preserving the evidence of a scene and providing professional police services in today?s age. Law enforcement investigations, both traffic and criminal are often complex in nature and investigators only have one opportunity to accurately record the scene. Not only are law enforcement officers expected to capture and document scenes with precision and accuracy, but the documentation is also expected to happen with urgency while minimizing the impact to the community. Over the course of the last several years, the City of Cotati traffic collisions and violent crimes have increased along with the demand for detailed forensic and crime scene analysis.

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This technology will provide decreased officer overtime expense, free up officers to perform daily duties, as well as reduce community impacts due to extended road closures for investigations. This technology will open roads for traffic and allow citizens and business to resume their normal activities faster.

Financial Considerations
The total cost of the FARO 3D Laser Focus LS9-HU is $44,263.17 which includes all the equipment hardware, design software, 3-year warranties on both the hardware/software, and training. City staff further believes that this unit could be used outside of the Police Department to serve other City Department needs including Community Development, primarily for Code Enforcement, as well as Public Works primarily for projects. Included within the quote provided are two three-year subscriptions services called Zone Expert and Scene. It is expected that these two products will merge and as such future subscription costs would be reduced.

The Police Department budget accounted for funds to cover this purchase within Small Tools and Equipment account 101-23-80645-000000. As such no additional appropriation is required.

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

Attachments:

Cotati PD-CORE-Q02300290 (PDF)

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Attachment: Cotati PD-CORE-Q02300290 (3D Crime Scene/Accident Investigation Scanner)

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Attachment: Cotati PD-CORE-Q02300290 (3D Crime Scene/Accident Investigation Scanner)

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Attachment: Cotati PD-CORE-Q02300290 (3D Crime Scene/Accident Investigation Scanner)

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Attachment: Cotati PD-CORE-Q02300290 (3D Crime Scene/Accident Investigation Scanner)

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Attachment: Cotati PD-CORE-Q02300290 (3D Crime Scene/Accident Investigation Scanner) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Rescinding Enactment of Stage 1 (20%) of the City's Water Shortage Contingency Plan and Continued Compliance with State's Emergency Drought Regulations
Date: March 28, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution 1) rescinding the May 25, 2021, enactment of voluntary Stage I of its Water Shortage Contingency Plan, and 2) direct staff to comply with the State Water Board's Emergency Drought Regulations, adopted following Governor Newsom's proclamation of a drought state of emergency for all counties in California, as it pertains to Community Water Systems, for the duration the State emergency regulation is in effect.

Background
The region has experienced three consecutive years of drought conditions dating back to 2020.

On April 21, 2021, the Governor of California declared a local drought emergency for Sonoma and Mendocino Counties. On April 27, 2021, the County of Sonoma declared a local drought emergency. Sonoma Water, the region’s water supply wholesaler, operates Lake Sonoma for the purposes of flood control and securing the water supply needs of the City of Cotati and several other retail water suppliers, or “Contractors.” On average, the City purchases 75% of its municipal water deliveries from Sonoma Water. Water supply conditions have improved dramatically such that Sonoma Water has adequate water supply for the upcoming year.

Therefore, City Staff is recommending rescinding the enactment of the Stage 1 (20% voluntary reductions) of its Water Shortage Contingency Plan.

Analysis /Discussion
Since May 2021, Sonoma Water has filed four different Temporary Urgency Change Petitions (TUCPs) with the State Water Resources Control Board (State Water Board) requesting a reduction of releases from Lake Mendocino and Lake Sonoma to preserve critical water supply storage and seek relief from requirements of their water rights regarding minimum instream flows in the Russian River. The State Water Board issued four consecutive Temporary Urgency Change Orders (TUCOs) each lasting 180 days, which granted the requested changes to Sonoma Water’s operations. However, the TUCOs included a requirement that Sonoma Water reduce its diversions from the Russian River by 20% over 2020 levels from July to December 2021 and

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July to October 2022. Pursuant to the Restructured Agreement for Water Supply, Sonoma Water allocated water in accordance with the requirements of the TUCOs and the water shortage allocation methodology.

On May 25, 2021, the City Council adopted Resolution 2021-24, which enacted voluntary stage 1 of the City’s water shortage contingency plan with a target water use reduction of 20%. The City has continued to implement Stage 1 since June 2021, and customers have reduced city-wide water use by 18.5% and 24.8% in 2021 and 2022, respectively, when compared to 2020.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, thereby ordering the State Water Board to consider adopting emergency regulations including a requirement that each urban water supplier implement shortage response actions for a shortage level of up to 20%. The City, having less than 3,000 service connections, is not defined as an urban water supplier but rather a community water supplier and is not subject to the regulations applying to Urban Water Suppliers. However, the City is subject to emergency regulations issued by the State Water Board, applying to Community Water Systems, which, so long as the emergency proclamation is in place, extends to December 21, 2023. These regulations include the following:
• January 4, 2022: State Water Board adopted the prohibited wasteful water uses emergency regulation.
• December 7, 2022: State Water Board readopted the prohibited wasteful water uses emergency regulation.
• December 21, 2022: Readopted emergency regulation took effect, upon completion of Office of Administrative Law process. It will remain in effect for one year from the effective date, unless the State Water Board modifies it, readopts it, or ends it before then.

The State Water Board flier summarizing these requirements is attached.

Additionally, the City, as a Sonoma Water Contractor, was subject to the Water Agency’s water allocations in accordance with the Restructured Agreement and the conservation provisions of the State Water Board’s TUCOs. Those requirements expired with the expiration of the June 17, 2022, TUCO which had required Sonoma Water reduce its diversions by 20% compared with 2020 for the period of July 1, 2022, through October 31, 2022.

Beginning December 26, 2022, the region received substantial rainfall from a series of atmospheric rivers lasting through the month of March. These powerful storms shifted the water supply outlook for the upcoming water year. Lake Sonoma gained more than 145,000 acre-feet of supply since reaching its operational lows in early December 2022, such that the dedicated water supply pool has reached full capacity.

As of March 8, 2023, the Lake Sonoma water supply storage pool is at 105% and the target water supply curve for Lake Mendocino is over 100% of the allowable water supply pool. Based on this information, and the fact Sonoma Water has more than adequate supply for the upcoming water year, there is no need for the water contractors to continue implementing the 20% reductions in water use to protect water supplies.

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Given the regional water supply outlook, Staff is recommending the City Council rescind the Stage 1 of the City’s water shortage contingency plan calling for a 20% voluntary reduction in water use. The City will continue to coordinate with the State Water Resources Control Board and Sonoma-Marin Water Saving Partnership to promote water conservation and water loss prevention programs to our community.

Financial Considerations
If the City rescinds implementation of Stage 1 of its Water Shortage Contingency Plan, it is expected the Water Enterprise Fund sales revenue will gradually rebound to levels consistent with those forecasted in the existing five-year rate program. There is no quantifiable impact to the financials. However, we do anticipate a limited amount of reduced staff time previously needed for enforcement efforts, which will be offset by increased State Reporting.

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 foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

Attachments:

Water Saving Flier (PDF)

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STATEWIDE

WATER RESTRICTIONS
FOR ALL CALIFORNIANS IN EFFECT SINCE 2022

EMERGENCY REGULATIONS TO SAVE WATER
x No watering decorative grass in commercial, industrial, and institutional areas, including common areas of homeowners’ associations (HOAs) x No outdoor watering that lets water run onto sidewalks or other areas x No washing hard surfaces that don’t absorb water, like driveways or sidewalks x No washing vehicles without using an automatic shutoff nozzle x No outdoor watering within 48 hours after at least 1/4 inch of rainfall x No using drinking water for street cleaning or construction site preparation x No filling decorative fountains, lakes, or ponds
These regulations do not prohibit watering trees or using water for immediate health and safety needs.

Local water suppliers may have adopted stricter water conservation measures, so please check for additional restrictions in your area.

Violations may be punishable by fine up to $500 per day. flyer version 2022.12.12
Report potential
water-use violations:

SaveWater.CA.Gov
Discover water-saving
tips and ideas:

SaveOurWater.com
Learn more about these
and other statewide
water restrictions:
bit.ly/conservationreg

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Attachment: Water Saving Flier (Rescind Stage 1 of the Water Shortage Contingency Plan) RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL 1) RESCINDING THE MAY 25, 2021, ENACTMENT OF VOLUNTARY STAGE I OF ITS WATER SHORTAGE CONTINGENCY PLAN, AND 2) DIRECT STAFF TO COMPLY WITH

THE STATE WATER BOARD'S EMERGENCY DROUGHT REGULATIONS,

ADOPTED FOLLOWING GOVERNOR NEWSOM'S PROCLAMATION OF A

DROUGHT STATE OF EMERGENCY FOR ALL COUNTIES IN CALIFORNIA, AS IT

PERTAINS TO COMMUNITY WATER SYSTEMS, FOR THE DURATION THE

STATE EMERGENCY REGULATION IS IN EFFECT
WHEREAS, the region has experienced three consecutive years of drought conditions dating back to 2020, and on April 21, 2021, the Governor of California declared a local drought emergency for Sonoma and Mendocino Counties; and
WHEREAS, on April 27, 2021, the County of Sonoma declared a local drought emergency, and, Sonoma Water, the region’s water supply wholesaler, operates Lake Sonoma for the purposes of flood control and securing the water supply needs of the City of Cotati and several other retail water suppliers, or “Contractors;” and
WHEREAS, on average, the City purchases 75% of its municipal water deliveries from Sonoma Water, and water supply conditions have improved dramatically such that Sonoma Water has adequate water supply for the upcoming year, therefore, City Staff is recommending rescinding the enactment of the Stage 1 (20% voluntary reductions) of its Water Shortage Contingency Plan; and
WHEREAS, since May 2021, Sonoma Water has filed four different Temporary Urgency Change Petitions (TUCPs) with the State Water Resources Control Board (State Water Board) requesting a reduction of releases from Lake Mendocino and Lake Sonoma to preserve critical water supply storage and seek relief from requirements of their water rights regarding minimum instream flows in the Russian River; and
WHEREAS, the State Water Board issued four consecutive Temporary Urgency Change Orders (TUCOs) each lasting 180 days, which granted the requested changes to Sonoma Water’s operations, however, the TUCOs included a requirement that Sonoma Water reduce its diversions from the Russian River by 20% over 2020 levels from July to December 2021, and July to October 2022; and
WHEREAS, pursuant to the Restructured Agreement for Water Supply, Sonoma Water allocated water in accordance with the requirements of the TUCOs and the water shortage allocation methodology; and
WHEREAS, on May 25, 2021, the City Council adopted Resolution 2021-24, which enacted voluntary Stage 1 of the City’s water shortage contingency plan with a target water use reduction of 20%; and
WHEREAS, the City has continued to implement Stage 1 since June 2021, and customers have reduced city-wide water use by 18.5% and 24.8% in 2021 and 2022, respectively, when compared to 2020; and
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-22, thereby Packet Pg. 41
ordering the State Water Board to consider adopting emergency regulations including a requirement that each urban water supplier implement shortage response actions for a shortage level of up to 20%; and
WHEREAS, the City, having less than 3,000 service connections, is not defined as an urban water supplier but rather a community water supplier and is not subject to the regulations applying to Urban Water Suppliers, however, the City is subject to emergency regulations issued by the State Water Board, applying to Community Water Systems, which, so long as the emergency proclamation is in place, extends to December 21, 2023, and these regulations include the following:
• January 4, 2022: State Water Board adopted the prohibited wasteful water uses emergency regulation,
• December 7, 2022: State Water Board readopted the prohibited wasteful water uses emergency regulation,
• December 21, 2022: Readopted emergency regulation took effect, upon completion of Office of Administrative Law process. It will remain in effect for one year from the effective date, unless the State Water Board modifies it, readopts it, or ends it before then, and the State Water Board flier summarizing these requirements is attached; and WHEREAS, additionally, the City, as a Sonoma Water Contractor, was subject to the Water Agency’s water allocations in accordance with the Restructured Agreement and the conservation provisions of the State Water Board’s TUCOs, and those requirements expired with the expiration of the June 17, 2022, TUCO which had required Sonoma Water reduce its diversions by 20% compared with 2020 for the period of July 1, 2022, through October 31, 2022; and WHEREAS, beginning December 26, 2022, the region received substantial rainfall from a series of atmospheric rivers lasting through the month of January, and these powerful storms shifted the water supply outlook for the upcoming water year with Lake Sonoma gained more than 145,000 acre-feet of supply since reaching its operational lows in early December 2022, such that the dedicated water supply pool has reached full capacity; and WHEREAS, as of March 8, 2023, the Lake Sonoma water supply storage pool is at 105% and the target water supply curve for Lake Mendocino is over 100% of the allowable water supply pool. Based on this information, and the fact Sonoma Water has more than adequate supply for the upcoming water year, there is no need for the water contractors to continue implementing the 20% reductions in water use to protect water supplies; and WHEREAS, given the regional water supply outlook, Staff is recommending the City Council rescind the Stage 1 of the City’s water shortage contingency plan calling for a 20% voluntary reduction in water use; and
WHEREAS, if the City rescinds implementation of Stage 1 of its Water Shortage Contingency Plan, it is expected the Water Enterprise Fund sales revenue will gradually rebound to levels consistent with those forecasted in the existing five-year rate program, and there is no impact to the General Fund; and
WHEREAS, 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, Packet Pg. 42
pursuant to CEQA Guideline section 15378.

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

1. Rescinds the May 25, 2021, enactment of voluntary Stage I of its Water Shortage Contingency Plan, and

2. Directs Staff to comply with the State Water Board's Emergency Drought Regulations, adopted following Governor Newsom's proclamation of a drought state of emergency for all counties in California, as it pertains to Community Water Systems, for the duration the State emergency regulation is in effect.

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 March 28th, 2023, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: 2023 Housing Element Update and the associated General Plan Environmental Impact Report (EIR) Addendum
Date: March 28, 2023
Written by: Noah Housh, Director of Community Development Recommendation
Based on the analysis and findings in the staff report and the attached resolutions, the Community Development Department and the Planning Commission recommend that the City Council adopt the Resolution approving an Addendum to the City of Cotati General Plan Environmental Impact Report (EIR) in connection with the 2023-2031 Housing Element Update, and the Resolution approving the 2023-2031 Housing Element Update.

Background
The Housing Element is one of the seven mandated elements of the General Plan, and the only element that must be updated on a set schedule, consistent with the establishment of Regional Housing Needs Allocations (RHNA), which are published at eight- year intervals. The City last updated its Housing Element in 2014 and this current update will cover the planning period from 2023 to 2031.

In the last few years, the Legislature has passed multiple housing bills that prescribe new requirements for Housing Elements and new “by-right” requirements for housing projects. Byright requirements primarily require cities to approve certain housing development projects compatible with local zoning rules. Some provisions of these laws reduce land use control for cities without a certified Housing Element. Staff’s goal for this Housing Element update is to meet the requirements established by the California Department of Housing and Community Development (HCD), preserve the City’s discretionary land use control to the maximum extent possible and bring forward meaningful local goals, policies and programs that support housing at all levels in Cotati.

At two meetings held on June 16, 2022, the City Council and Planning Commission reviewed background data for the Housing Element update including the City’s Regional Housing Needs

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Allocation (RHNA), the inventory of potential housing sites and the results of community outreach to date. Highlights of these presentations include:
• Cotati’s RHNA for the 2023-2031 Housing Element is 234 units, which is an increase of 70% over the 5th Cycle RHNA; and
• The City has sufficient land zoned under existing conditions to accommodate the 6th Cycle RHNA with a substantial buffer, primarily with planned and approved projects. • Most goals, policies, and programs are continued from the 5th Cycle Housing Element, with revisions primarily reflecting changes in State law.

At this joint meeting, the City Council and Planning Commission also reviewed and provided direction on the proposed goals and programs included in the draft Housing Element.

Incorporating this direction, staff and the consultant team prepared the HCD Draft Housing Element, for a 30-day public review and then for a 90-day HCD review. The 30-day public review period started September 27, 2022 and extended to allow further public comment.

Comments received during the public review period were incorporated and a revised Draft Housing Element was submitted to HCD on November 18, 2022 for its 90-day review period.

During its 90-day review period, HCD provided some initial comments and gave the City the opportunity to incorporate those edits and re-submit within the review period. The City incorporated these edits and put the revised document out for an additional 7-day public review period in early February. On February 16, 2023, HCD provided a letter of its findings to the City, which included a list of changes that needed to be incorporated; the HCD letter is included as Attachment 2. Subsequently, City staff and consultant incorporated these edits. The attached Draft Housing Element reflected the changes outlined by HCD in its letter. In addition, Exhibit A to the proposed Resolution approving the Housing Element Update (Attachment 1), outlines the City’s response to each finding in detail.

Project environmental review included an addendum to the City’s General Plan Environmental Impact Report (EIR), which was certified in 2015 when the General Plan was adopted. In accordance with the California Environmental Quality Act (CEQA) Section 15164(a), an Addendum to a previously certified EIR can be prepared when there are no changes to the conditions or new significant environmental effects, where the changes undertaken are not substantial, and where no new mitigation measures are needed. As there is no requirement to rezone parcels, and no other significantly new programs or impacts, the Addendum may be certified.

Public input was accepted and incorporated at each of the review points described above. In order to remain compliant with State Housing Element law, Cotati’s HCD-reviewed and revised Housing Element must have been adopted by the City Council no later than January 31,

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2023; thus, the City is out of compliance along with most jurisdictions in the Bay Area; as of February 23, 2023, 94% of Bay Area jurisdictions were out of compliance.

Analysis/Discussion
The revised Draft Housing Element (included as Exhibit B of Attachment 1) contains the following sections, as required by state law:

1. Introduction and Summary: Includes summaries of community involvement, population characteristics and trends, constraints to housing development, fair housing assessment and progress on programs in current Housing Element;

2. Housing Strategy: Goals, policies and programs demonstrating ability to meet housing needs;

3. Housing Sites: Identified sufficient sites zoned for housing to meet Regional Housing Needs Allocation (RHNA);

4. Technical Background Report & Appendices: Included in a separate document, this report provides in-depth data and analysis required to support the Housing Element policy document.

In the sections below, staff will provide a high-level overview of the public outreach conducted to date, as well as the Housing Strategy and Housing Sites sections included in the Housing Element.

Public Outreach: One of the many requirements for the Housing Element is the collection of data to help determine housing needs. This includes data about how many residents are overpaying for their housing, how many units are overcrowded, the costs of developing housing, and demographic information and trends. The Association of Bay Area Governments (ABAG) have provided the bulk of the required housing and demographic data. In addition to this data, staff and consultants have collected local data in real time order to ensure that Cotati’s Housing Element truly addresses Cotati’s needs. Public outreach efforts are described and summarized below.
• Housing Element Update Website (https://www.cotaticity.org/215/Cotati-2023-HousingElement-Update): The website provides introductory information to the Housing Element update process, a dedicated email address, links to information on past and upcoming community meetings, a project timeline, and community opinion surveys in Spanish and English.
• Community Opinion Surveys: Surveys were made available in English and Spanish and could be completed on cell phones, computers, or other internet-accessing devices.

Surveys were promoted through the City’s social media channels, utility newsletter,

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email distribution lists, and door hangers that were placed in targeted locations where a higher proportion of underrepresented individuals reside (e.g., low-income households, people of color, seniors).
• Kick-off presentation was held at the October 12, 2021, joint City Council & Planning Commission meeting, covering the Housing Element update process, new laws, opportunities for engagement, and local housing demographics. This meeting also included an opportunity for members of the public to speak. • A virtual targeted stakeholder workshop was held on February 2, 2022, with communitybased organizations, affordable housing property managers and housing developers. • Presentations at the June 16, 2022, joint City Council & Planning Commission meeting and June 16, 2022, City Council meeting were held, covering the City’s Regional Housing Needs Allocation (RHNA), the inventory of potential housing sites, results of community outreach to date, and both bodies provided direction for proposed goals, policies and programs for the Housing Element. These meetings also included an opportunity for members of the public to speak.
• The Draft Housing Element was posted on the City’s Housing Element webpage for the 30-day public review period from September 27, 2022. The webpage included information about how to provide comments by email.
• On November 18, 2022, the Draft Housing Element was submitted to HCD for its 90-day review period. The City’s webpage was updated to include the Draft Housing Element submitted to HCD and information about how to provide comments by email to the City and to HCD.
• On February 8, 2023, City staff and the consultant team revised to incorporate comments from HCD and released the revised draft for a 7-day public comment period.

The City’s webpage was updated to include the revised Draft Housing Element and information about how to provide comments by email to the City and to HCD.

A detailed discussion of the community engagement and outreach is included as “Appendix B – Community Engagement and Outreach” of the Housing Element’s Technical Background Report.

Housing Strategy: An in-depth discussion of the Housing Strategy, including goals, policies and program, can be found starting on page 27 of the Draft Housing Element (Exhibit B of Attachment 1.) Below is a summary of the Housing Strategy. The Housing Element includes five goals and several policies and implementation programs, which will guide City actions over the 2023-2031 Housing Element cycle. The goals, policies, and programs are designed to address the existing and projected housing needs of the City of Cotati. The proposed Housing Element Goals are listed below and continue the direction set by the current Housing Element, with modifications made to address new State law:
• Goal H-1: Resilient & Safe Housing (Continuing, renamed) • Goal H-2: Housing Production (Continuing, renamed)

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• Goal H-3: Affordable, Attainable, & Accessible Housing (Continuing, renamed) • Goal H-4: Affirmatively Furthering Fair Housing (Continuing, renamed) • Goal H-5: Community Engagement (Continuing, renamed)
New programs are proposed in this Housing Element Update, which are designed to assist the City in complying with the full range of requirements for housing elements. Most of these new programs were reviewed by the Planning Commission and City Council in June 2022, who indicated support for included programs. One was added in response to findings in HCD’s letter.

Included as Attachment 1 is a summary table of all Housing Element programs (new, revised, and continuing), and the reason each program is being included. When a new program is required to comply with State law, that is noted. New programs added as a result of HCD’s findings are also noted.

Housing Sites: An in-depth discussion of Housing Sites can be found starting in Section 3 of the Draft Housing Element (Attachment 1, Exhibit B.) Below is a summary of this information. The proposed sites included in the Housing Element demonstrate that the City has sufficient land available to meet its Regional Housing Needs Allocation (RHNA), which is a requirement of State law. The RHNA is the numerical foundation of all housing elements. Each agency’s RHNA is set through a process that is meant to identify and address housing needs for the state’s projected population, to improve the jobs - housing balance in communities, and to ensure the availability of housing affordable to all income groups. The City’s RHNA is set by the Association of Bay Area Governments (ABAG) and for 2023-2031.

Cotati’s RHNA is 234 units, which is an increase of 70% over the 2015-2023 RHNA. Table 1 provides a breakdown of the City’s current RHNA by income category.

Table 1: Cotati Regional Housing Needs Allocation (RHNA), 2023-2031 Jurisdiction Very Low
Income (<50%
AMI)
Low Income
(50-80% AMI)
Moderate
Income
(80-120% AMI)
Above Moderate
Income
(>120% AMI)
Total
Cotati 60 34 39 101 234
Source: ABAG Draft Regional Housing Needs Allocation Plan: San Francisco Bay Area, 2023- 2031
The City is not required to construct the housing units included in its RHNA. It is instead required to demonstrate that it has adequate sites zoned at appropriate densities to accommodate the number of RHNA units in each income category. When a city lacks adequate available,

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vacant land for the development of its RHNA, it must either rezone adequate land at high enough densities to support affordable housing development or use other methods to identify where the units can go. These methods may include increasing allowable densities in certain land use categories; providing zoning overlays to allow housing on certain commercial parcels; allowing additional units within single-family neighborhoods; providing programs to encourage more, smaller units that are typically more affordable than larger units; or other creative solutions that address the City’s identified housing needs.

As part of preparing the Housing Element, staff and the consulting team identified housing sites in conjunction with preparation of the General Plan, developed a “pipeline” of housing projects that are planned to be developed in the next eight years, documented the affordability profile of planned projects, including those required by various Development Agreements, and conducted site specific outreach with owners whose property is included in the inventory. This work confirms that the City has sufficient land zoned for housing within the proposed General Plan 2040 to accommodate its RHNA and will not be proposing any zoning changes in its Housing Element. While the City also has some strong, documented plans for affordable housing construction, particularly in Development Agreements, additional policies and programs are necessary to ensure that the City could meet the required affordability at all levels. These new policies and programs are discussed above.

CONFORMANCE WITH CITY’S GENERAL PLAN: The current Housing Element adopted in 2014 will be rescinded and replaced with the draft Housing Element if approved by the City Council. The element is internally consistent with the remainder of the General Plan, assuming planned minor amendments are completed to the land use diagram. The Housing Element will not require additional changes to the General Plan, beyond minor text and formatting amendments.

Once the Housing Element is adopted, the above zoning ordinance updates will have the necessary policy support within the General Plan and no additional updates will be required.

STATE LAW - CA GOVERNMENT CODE TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6 [65580 – 65589.11]: To be in substantial compliance with State law, a Housing Element must contain all of the elements mandated by State Housing Element law. The City’s Housing Element contains each of the elements mandated by State law.

PLANNING COMMISSION REVIEW: On March 20, 2023, the Planning Commission reviewed the draft 6th Cycle Housing Element, associated supporting documentation, draft General Plan EIR Addendum and all comments received. After considering the staff

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presentation, holding the public hearing and discussing the proposed revisions, the Commission voted 3 yeahs-0 nays-1 absent to recommend City Council approval of the documents as proposed.

Financial Considerations
The City of Cotati 6th Cycle Housing Element contains numerous programs and policies which will require future funding commitments anticipated to be funded through the Affordable Housing fund (Fund 216). The current balance of this fund is (approximately) $2,172,124 and there is an additional outstanding loan balance of (approximately) $772,481 due by 2038.

However, no additional funds beyond those previously budgeted for the Housing Element Update are being requested in fiscal year 2022/23.

Environmental Issues
Project environmental review included an addendum to the City’s General Plan Environmental Impact Report (EIR), which was certified in 2015 when the General Plan was adopted. In accordance with the California Environmental Quality Act (CEQA) Section 15164(a), an Addendum to a previously certified EIR can be prepared when there are no changes to the conditions or new significant environmental effects, where the changes undertaken are not substantial, and where no new mitigation measures are needed. As there is no requirement to rezone parcels, and no other significantly new programs or impacts, the Addendum may be certified.

Pursuant to the California Environmental Quality Act (“CEQA”) an Addendum was completed.

On the basis of the Addendum, City staff for the City of Cotati, acting as Lead Agency, determined that there was no substantial evidence that the project could have a significant effect on the environment; as result, City staff prepared a Negative Declaration for the project pursuant to CEQA.

Attachments:

Exhibit A - Housing Element Review Letter (2023-02-16) (PDF) Exhibit A1 - Response to HCD Findings (PDF)
Exhibit B1-TC - Cotati Adoption Draft Housing Element - Tracked Changes (2023-03-20) (PDF)
Attachment 1, Exhibit B2-TC - Cotati Adoption Draft Technical Background Report - Tracked Changes (PDF)

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Cotati HE_Final Addendum_March 2023-Signed (PDF)
Public Comment-March 13, 2023 (PDF)
PC Reso 23-03 (PDF)

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
February 16, 2023
Noah Housh, Director
Community Development Department
City of Cotati
201 W Sierra Avenue
Cotati, CA 94931
Dear Noah Housh:

RE: City of Cotati’s 6th Cycle (2022-2029) Draft Housing Element Thank you for submitting the City of Cotati’s (City) draft housing element update received for review on November 18, 2022, along with revisions received on February 15, 2023.

Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on February 8, 2023 with planning consultants Jane Riley, Elliot Picket, and Luke Lindenbusch. In addition, HCD considered comments from Greenbelt Alliance, YIMBY Law, Fair Housing Advocates of Northern California, and Ragghianti Freitas LLP pursuant to Government Code section 65585, subdivision (c).

The draft housing element addresses many statutory requirements; however, revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code.

See enclosed Appendix.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that

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Attachment: Exhibit A - Housing Element Review Letter (2023-02-16) (Housing Element Update) Noah Housh, Director

Page 2 ends

City of Cotati’s 6th Cycle (2022-2029) Draft Housing Element Page 2 February 16, 2023
represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: https://www.opr.ca.gov/planning/generalplan/guidelines.html.

We are committed to assisting the City of Cotati in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Tristan Lanza, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure

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Attachment: Exhibit A - Housing Element Review Letter (2023-02-16) (Housing Element Update) City of Cotati’s 6th Cycle (2022-2029) Draft Housing Element Page 1 February 16, 2023

APPENDIX

CITY OF COTATI
The following changes are necessary to bring the City of Cotati’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos . Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
A thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. As part of this analysis, the element should describe the actual results of the prior element’s programs, including quantification where appropriate and based on that information, re-evaluate program effectiveness and the appropriate modifications in the current planning period.

In addition, as part of the review of programs in the past cycle, the element must also provide an evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation.

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Segregation and Integration: While the element generally reports data on segregation and integration, it should also evaluate that data using local data and knowledge and other relevant factors. For example, the element should describe factors that influence the geographic concentration of higher and low-income residents within the City and describe the contributing factors to the concentration of higher income residents.

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Attachment: Exhibit A - Housing Element Review Letter (2023-02-16) (Housing Element Update) City of Cotati’s 6th Cycle (2022-2029) Draft Housing Element Page 2 February 16, 2023
Disparities in Access to Opportunity: The element should evaluate other relevant factors that contribute to the lower education scores within the City. In addition, the element should describe what contributes to the differences in employment scores throughout the City. Lastly, the element should describe the environmental scores geographically within the City and what contributes to the differences in scores.

Disproportionate Housing Needs Including Displacement: While the element includes an analysis of overpayment, the element must also include a regional analysis of overcrowding (i.e., comparing the City to the region). Additionally, while the element identifies areas at risk of displacement due to flooding, the element must further describe the data used to support this and also include an analysis identifying areas at risk of displacement due to fire and earthquake especially since displacement was identified as a prioritized contributing factor to fair housing in the City.

Sites Inventory: The analysis must identify whether sites improve or exacerbate conditions and whether sites are isolated by income group. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that affects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., anti-displacement and place-based community revitalization strategies).

2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Extremely Low-Income (ELI) Households: The element includes analysis regarding ELI households such as the number of households and overpayment but must also identify projected housing needs. The projected housing need for ELI households can be calculated by using available census data to determine the number of very low-income households that qualify as ELI households or presume that 50 percent of the regional housing need allocation (RHNA) for very low-income households qualify as ELI households.

Housing Conditions: The element identifies the age of the housing stock and the number of substandard housing units based on federal data. However, it must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an

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Attachment: Exhibit A - Housing Element Review Letter (2023-02-16) (Housing Element Update) City of Cotati’s 6th Cycle (2022-2029) Draft Housing Element Page 3 February 16, 2023
analysis of the relationship of zoning and public facilities and services to these sites. (Gov.

Code, § 65583, subd. (a)(3).)
Progress in Meeting the Regional Housing Need Allocation (RHNA): As you know, the City’s RHNA may be reduced by the number of new units pending, approved, permitted or built since June 30, 2022 by demonstrating availability and affordability based on rents, sale prices or other mechanisms ensuring affordability (e.g., deed restrictions).

While the element clarifies that units for lower-income households will be deedrestricted, it must describe affordability of the units for moderate-income households based on actual rents or sales prices, beyond the size of the unit. In addition, the element must demonstrate the availability of pending and approved projects within the planning period. This includes addressing the public comment regarding barriers to develop these projects such as scheduling public hearings. Availability should address the status, anticipated completion, any barriers to development and other relevant factors such as build out horizons, phasing, and dropout rates to demonstrate the availability or likelihood of development in the planning period.

Realistic Capacity: While the element states realistic capacity considers land use controls and projects typically develop above maximum allowed densities due to State Density Bonus Law, it must provide support for these assumptions. For example, the element should describe recent projects that support the assumptions, and typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction. The element also needs to analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow nonresidential uses (e.g., mixed-use). This analysis should consider the likelihood of nonresidential development, performance standards, and development trends supporting residential development Zoning for Lower-Income Households: The element must demonstrate densities appropriate to accommodate housing for lower-income households. For communities with densities that meet specific standards (at least 20 units per acre for Cotati), no analysis is required. (Gov. Code, § 65583.2, subd. (c)(3).) Otherwise, an analysis must demonstrate appropriate densities based on factors such as market demand, financial feasibility, and development experience within identified zones. While the element states the City utilizes form based codes, it must include a complete analysis to demonstrate how the zoning encourages the development of units affordable for lower-income households. To estimate allowable densities within form-based codes, the element should describe the relationship between general plan land-use designation and the form-based code, development standards and achievable densities given typical unit sizes. The element could include additional examples of recently built projects and densities to support the analysis.

Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period. In addition, the element should analyze the extent that existing uses may impede additional residential development. For example, the element includes sites identified as single-family residents, religious institutions, and residential, but minimal analysis was provided to demonstrate whether these existing uses would impede development of these sites within the planning period. The element can summarize past

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Attachment: Exhibit A - Housing Element Review Letter (2023-02-16) (Housing Element Update) City of Cotati’s 6th Cycle (2022-2029) Draft Housing Element Page 4 February 16, 2023
experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. The element could also consider indicators such as age and condition of the existing structure expressed developer interest, low improvement to land value ratio, and other factors.

Adequate Sites Alternatives: Please note, under limited circumstances, the City may credit up to 25 percent of its adequate sites requirement by income group, by counting existing units preserved through the provision of “committed assistance” to that income category’s households at affordable housing costs or affordable rents. (Gov. Code, § 65583.1, subd. (c).) However, the housing element must demonstrate compliance with all the statutory requirements and must clarify whether the Windwood Apartments meets the Adequate Sites Program Alternative Checklist (Gov. Code, § 65583.1, subd. (c).) For example, the element must describe the public hearing process which found the units eligible and reasonably expected to convert to market-rate as well as the specific date in which the committed assistance will be in place. For additional information and an Alternative Adequate Sites Checklist, see the Building Blocks at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements/building-blocks/analysis-sites-and-zoning.

Zoning for a Variety of Housing Types (Emergency Shelters): While the element was revised to describe development standards for emergency shelters, it must analyze whether the requirements in the management plan are consistent with statutory requirements per Government Code section 65583 (a)(4), a constraint to the development of emergency shelters, and add a program as appropriate. In addition, while the element states the City complies with AB 139 emergency shelter parking standards, the parking requirements listed require a greater number of parking spots than allowed and must be revised.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: While the element describes land use controls, heights are limited to 35 feet in many commercial zones and specific plan areas that allow multifamily. The element must add a program to ensure three story developments are allowed in zones that allow multifamily. In addition, two parking spaces are required in the LP, NG, and CA zones regardless of the number of bedrooms per unit. The element must be revised to remove constraints on parking including but not limited to the number of spaces for studio and one-bedroom units, garage requirements for multifamily developments, and additional parking requirements for residential care homes. Lastly, the element should analyze whether maximum densities can be achieved in the NM and NU zones with required front

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Attachment: Exhibit A - Housing Element Review Letter (2023-02-16) (Housing Element Update) City of Cotati’s 6th Cycle (2022-2029) Draft Housing Element Page 5 February 16, 2023
and rear setbacks, a maximum lot coverage of 50 percent, and height restriction of 28 feet and add a program as needed.

Fees and Exaction: The element must describe all required fees for single-family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. While the element includes a table of development impact fees, it must include all building and permit fees for singlefamily and multifamily developments. In addition, the analysis could identify the total amount of fees and their proportion to the development costs for both single family and multifamily housing.

The analysis should identify findings of approval for the CUP and their potential impact on development approval certainty, timing, feasibility and cost. The analysis should address the approval body, the number of public hearing if any, approval findings and any other relevant information. If constraints are identified, programs should be included to address and remove or modify these constraints.

Building Codes and Enforcement: The element must describe and analyze which building code is enforced, any local amendments to the building code and their enforcement for impacts on housing supply and affordability.

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).) Approval Time and Requests Lesser Densities: The element must include analysis of requests to develop housing at densities below those identified, the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially. The element must address any hinderance on the development of housing and include programs as appropriate.

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Attachment: Exhibit A - Housing Element Review Letter (2023-02-16) (Housing Element Update) City of Cotati’s 6th Cycle (2022-2029) Draft Housing Element Page 6 February 16, 2023
C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs to be revised include the following:

Program 1-3 (Non-Profit and Agency Coordination – Existing Housing Needs): The program should be revised to include specific implementation of what will result from the identified discussions and reporting results to council.

Program 4-1 (Anti-Displacement Actions): The program must include specific timing of when the replacement housing requirements will be implemented.

Program 4-2 (Housing Discrimination Complaints): The program should be revised to include outreach beyond a brochure on the City’s counter as well as specify what actions will result from participation in meetings.

Program 4-3 (Nondiscrimination & Fair Housing Information): The program should be revised to include timing on how often information and the inventory will be updated.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of

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Attachment: Exhibit A - Housing Element Review Letter (2023-02-16) (Housing Element Update) City of Cotati’s 6th Cycle (2022-2029) Draft Housing Element Page 7 February 16, 2023
housing, including housing for all income levels and housing for persons with disabilities.

The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding(s) B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised as follows:

Program 3-1 (Zoning for a Variety of Housing Types): While the element includes revisions to allowing group homes for more than seven residents, it limits the allowance of group homes to persons with disabilities. This language should be removed to ensure all group homes of seven or more residents are permitted in residential zones objectively with approval certainty similar to other residential uses, not just the ones who serve persons with disabilities. Additionally, the program should be revised to ensure approval certainty.

Lastly, the timing of the rezone should be revised to be no later than February 2026.

Program 3-5 (Review Processing Fees): The program should be revised to commit to making revisions to City fees depending on the results from the comprehensive review.

4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, milestones, geographic targeting and metrics or numerical targets and, as appropriate, address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.

D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element includes a description of its efforts to achieve public participation, it should also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element could describe the efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and to involve such groups and persons in the element throughout the process.

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Attachment: Exhibit A - Housing Element Review Letter (2023-02-16) (Housing Element Update) ATTACHMENT 2, EXHIBIT A – RESPONSE TO HCD FINDINGS
Comment Response
A thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. As part of this analysis, the element should describe the actual results of the prior element’s programs, including quantification where appropriate and based on that information, re-evaluate program effectiveness and the appropriate modifications in the current planning period.

Analysis added to 1.14 to elaborate on program
successes and failures.

Segregation and Integration: While the element generally reports data on segregation and integration, it should also evaluate that data using local data and knowledge and other relevant factors. For example, the element should describe factors that influence the geographic concentration of higher and low-income residents within the City and describe the contributing factors to the concentration of higher income residents.

Neighborhood conditions have been detailed in
section 4.5 to identify data points surrounding the
westerly and easterly Census tracts of the City. These
characteristics include activity outside City limits in all directions, including Rohnert Park (northwestern and L
Section) and unincorporated communities extending
from Wilfred Road to the community of Penngrove.

Disparities in Access to Opportunity: The element should evaluate other relevant factors that contribute to the lower education scores within the City. In addition, the element should describe what contributes to the differences in employment scores throughout the City. Lastly, the element should describe the environmental scores geographically within the City and what contributes to the differences in scores.

Neighborhood conditions have been detailed with
greater granularity pertaining to education,
employment, and environmental scores. Data points
include the concentration of various housing types
and, as above, determinants for activity outside City
limits.

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Attachment: Exhibit A1 - Response to HCD Findings (Housing Element Update) Disproportionate Housing Needs Including Displacement: While the element includes an analysis of overpayment, the element must also include a regional analysis of overcrowding (i.e., comparing the City to the region). Additionally, while the element identifies areas at risk of displacement due to flooding, the element must further describe the data used to support this and also include an analysis identifying areas at risk of displacement due to fire and earthquake especially since displacement was identified as a prioritized contributing factor to fair housing in the City.

Analysis added; displacement risk due to flooding,
fire, and earthquake not identified.

If sites exacerbate conditions, the element should identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., anti-displacement and placebased community revitalization strategies).

Section 4.5.7 expanded to assess the sites with all
components of the assessment of fair housing,
including information by Census block group and the
number of sites, total units, and lower-income units
within each area. The analysis identifies improves and
exacerbated conditions, and program actions to
promote equitable quality of life.

Extremely Low-Income (ELI) Households: The element includes analysis regarding ELI households such as the number of households and overpayment but must also identify projected housing needs. The projected housing need for ELI households can be calculated by using available census data to determine the number of very low-income households that qualify as ELI households or presume that 50 percent of the regional housing need allocation (RHNA) for very low-income households qualify as ELI households.

Conclusory statement assuming 50% of VLI added to
Section 1.13.

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Attachment: Exhibit A1 - Response to HCD Findings (Housing Element Update) of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.

Progress in Meeting the Regional Housing Need Allocation (RHNA):

As you know, the City’s RHNA may be reduced by the number of new units pending, approved, permitted or built since June 30, 2022 by demonstrating availability and affordability based on rents, sale prices or other mechanisms ensuring affordability (e.g., deed restrictions). While the element clarifies that units for lower-income households will be deed-restricted, it must describe affordability of the units for moderate-income households based on actual rents or sales prices, beyond the size of the unit. In addition, the element must demonstrate the availability of pending and approved projects within the planning period. This includes addressing the public comment regarding barriers to develop these projects such as scheduling public hearings. Availability should address the status, anticipated completion, any barriers to development and other relevant factors such as build out horizons, phasing, and dropout rates to demonstrate the availability or likelihood of development in the planning period.

Section 3.2.2: Planned, Approved, and Pending
Projects was revised to include additional information
on development projects, including the mechanisms
ensuring affordability, and discussing next steps, any
barriers to development, and demonstrating the
availability of these projects within the planning
period. Program 2-7 was added to support the
development of these projects.

Development Trends and Realistic Capacity Analysis
was updated, and clarifies that it includes all projects from 2018-2023 for each respective category. The
sites analysis in Section 3.3 was updated to refer back to examples from the updated table.

The analysis of Sites Allowing Non-Residential Uses
within Section 3.3.3: Sites Suitability Analysis was
updated to include more development trends. Zonespecific capacity factors were derived from this

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Attachment: Exhibit A1 - Response to HCD Findings (Housing Element Update) standards, and development trends supporting residential development
analysis and applied to sites in inventory that allow
non-residential uses.

Zoning for Lower-Income Households: The element must
demonstrate densities appropriate to accommodate housing for lower-income households. For communities with densities that meet specific standards (at least 20 units per acre for Cotati), no analysis is required. (Gov. Code, § 65583.2, subd. (c)(3).) Otherwise, an analysis must demonstrate appropriate densities based on factors such as market demand, financial feasibility, and development experience within identified zones. While the element states the City utilizes form based codes, it must include a complete analysis to demonstrate how the zoning encourages the development of units affordable for lower-income households. To estimate allowable densities within form-based codes, the element should describe the relationship between general plan land-use designation and the form-based code, development standards and achievable densities given typical unit sizes. The element could include additional examples of recently built projects and densities to support the analysis.

A Lower-Income Suitability Analysis was added to
Section 3.3.3: Sites Suitability Analysis. This analysis confirms that the element is using the community’s
default density of 20 units per acre, and that the site used to accommodate the lower-income RHNA has
the capacity to accommodate over 16 units.

Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites.

The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period. In addition, the element should analyze the extent that existing uses may impede additional residential development. For example, the element includes sites identified as single-family residents, religious institutions, and residential, but minimal analysis was provided to demonstrate whether these existing uses would impede development of these sites within the planning period. The element can summarize past experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential Small non-vacant sites requiring additional analysis in order to be included have been removed from the
Housing Element.

A Nonvacant Sites Analysis has been added within
Section 3.3.3: Sites Suitability Analysis to discuss Site 2 and Site 3. This site-specific analysis addresses
regional trends, developer interest, impediments to
redevelopment, market demand for the existing uses,
and other factors.

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Attachment: Exhibit A1 - Response to HCD Findings (Housing Element Update) development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. The element could also consider indicators such as age and condition of the existing structure expressed developer interest, low improvement to land value ratio, and other factors.

Due to timeframe required by the Adequate
Alternative Sites process, Windwood Apartments is no
longer included in the Housing Element to fulfill the
6th Cycle RHNA.

Analysis added, and Program 3-3: Zoning for A Variety
of Housing Types amended to ensure adequate
provisions for emergency shelters in the City’s code
by the end of 2023: "Allow emergency shelters to be a
by-right use in zones consistent with statutory
requirements per Government Code section 65583
(a)(4). Additionally, parking requirements listed
currently require a greater number of parking spots
than allowed for emergency shelters and will be
amended to comply pursuant to AB 139."
Land Use Controls: While the element describes land use controls, heights are limited to 35 feet in many commercial zones and specific The Housing Element has been revised to reflect that
the City has recently allowed 35ft or 3 stories in

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Attachment: Exhibit A1 - Response to HCD Findings (Housing Element Update) plan areas that allow multifamily. The element must add a program to ensure three story developments are allowed in zones that allow multifamily. In addition, two parking spaces are required in the LP, NG, and CA zones regardless of the number of bedrooms per unit.

The element must be revised to remove constraints on parking including but not limited to the number of spaces for studio and one-bedroom units, garage requirements for multifamily
developments, and additional parking requirements for residential care homes. Lastly, the element should analyze whether maximum densities can be achieved in the NM and NU zones with required front and rear setbacks, a maximum lot coverage of 50 percent, and height restriction of 28 feet and add a program as needed.

NM/NU zones, and the City’s code has not yet been
updated to reflect that change.

Programmatic language has also been added to
ensure that the City takes a graduated approach to
parking requirements in alignment with Density Bonus
Law standards.

Fees and Exaction: The element must describe all required fees for single-family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. While the element includes a table of development impact fees, it must include all building and permit fees for single-family and multifamily developments. In addition, the analysis could identify the total amount of fees and their proportion to the development costs for both single family and multifamily housing.

Further analysis of the City’s fees (beyond
development impact fees) have been added to the
Technical Background Report.

Local Processing and Permit Procedures: While the element describes the permitting times, it must clarify whether it is for both single-family and multifamily developments. in addition, the element must analyze the conditional use permit (CUP) findings and procedures for multifamily developments. The element states that CUPs are required for all multifamily housing of more than four units unless it is in the NU zone if 25 percent of the units are affordable to lower-income and the development proposes more than ten units The element must analyze the CUP requirements as a potential constraint on housing supply and affordability and demonstrate realistic opportunities for multifamily. The analysis should identify findings of approval for the CUP and their potential impact on development approval certainty, timing, feasibility and cost. The TBR Section 4.3.4 (Local Processing and Permit Fees)
revised to reflect that conditional use permits are not required for multifamily development in any zoning
district except Low Density Residential.

NM and NU zones have been updated, and the City’s
code itself is out of date.

Conditional use permits are not required for
multifamily development in any zoning district except
Low Density Residential.

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Attachment: Exhibit A1 - Response to HCD Findings (Housing Element Update) analysis should address the approval body, the number of public hearing if any, approval findings and any other relevant information.

If constraints are identified, programs should be included to address and remove or modify these constraints.

The City has not received any requests for lesser
densities within the prior planning period. The City
has minimum residential density requirements.

TBR Section 4.4.2 (Building Codes and Enforcement)
revised to reflect that Cotati enforces the 2023
California Building Code, and CalGreen Tier 1 is the
most applicable local amendment. The enforcement
of the 2023 Building Code and CalGreen Tier 1
amendment have not been identified as having any
impact on housing supply and affordability in Cotati.

These standards are consistent across most North Bay
communities and allow the future cost of home
ownership/occupancy to be reduced through lower
utility bills (electricity, gas and water), and resulting in a reduced long-term cost of living.

Approval Time and Requests Lesser Densities: The element must include analysis of requests to develop housing at densities below those identified, the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially. The element must address any hinderance on the development of housing and include programs as
appropriate.

The City has not received any requests for lesser
densities within the prior planning period. The City
has minimum residential density requirements.

C. Housing Programs
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs to be revised include the following:

Programs have been comprehensively amended to
provide definitive implementation timelines,
objectives, and geographic scope.

Program 1-3 (Non-Profit and Agency Coordination – Existing Housing Needs): The program should be revised to include specific Program 1-2 amended to reflect deliverable of
presenting results of the annual Housing Fair to the
City Council for direction.

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Attachment: Exhibit A1 - Response to HCD Findings (Housing Element Update) implementation of what will result from the identified discussions and reporting results to council.

Program 4-1 (Anti-Displacement Actions): The program must include specific timing of when the replacement housing requirements will be implemented.

Amended language in Program 4-1: AntiDisplacement Actions to clarify outreach action and timeline: "The City will conduct outreach to residents
of 100% of nonvacant sites within the City’s Sites
Inventory that may be replaced by new construction
within 90 days of permit application on any given
site(s)."
Program 4-2 (Housing Discrimination Complaints): The program should be revised to include outreach beyond a brochure on the City’s counter as well as specify what actions will result from participation in meetings.

Program 4-2 revised to detail the City’s process for
resolution of handling housing discrimination
complaints.

Program 4-3 (Nondiscrimination & Fair Housing Information): The program should be revised to include timing on how often information and the inventory will be updated.

Annual timeline clarified.

As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

The City will submit a complete Sites Inventory with
the Adopted Housing Element pursuant to State law.

As noted in Finding(s) B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental
constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised as follows:

The City has completed an analysis of governmental
and nongovernmental constraints. Between the time
of the HCD letter and Housing Element adoption,
further constraints were not identified to the point of identifying programmatic needs.

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Attachment: Exhibit A1 - Response to HCD Findings (Housing Element Update) uses, not just the ones who serve persons with disabilities.

Additionally, the program should be revised to ensure approval certainty. Lastly, the timing of the rezone should be revised to be no later than February 2026.

Program 3-5 (Review Processing Fees): The program should be revised to commit to making revisions to City fees depending on the results from the comprehensive review.

Added commitment “and complete beneficial
revisions to City fees identified in the study by June
2026.”
The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, milestones, geographic targeting and metrics or numerical targets and, as appropriate, address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.

Informed by the analysis of contributing factors to fair housing issues, the Housing Element has been revised
through programmatic changes to assess geographic
scope of each program. This analysis is informed by
the City’s capacity to support housing programs with
particular attention paid to the needs of special needs groups.

C. Public Participation
While the element includes a description of its efforts to achieve public participation, it should also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element could describe the efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and to involve such groups and persons in the element throughout the process.

Appendix C has been revised to connect stakeholder
input directly to housing programs. In addition, detail has been added reflecting the City’s outreach
conducted to mobile home parks and management of
senior housing developments within the City in
promotion of a series of bilingual Housing Element
workshops conducted in May 2022.

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Attachment: Exhibit A1 - Response to HCD Findings (Housing Element Update)

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Attachment: Exhibit B1-TC - Cotati Adoption Draft Housing Element - Tracked Changes (2023-03-20) (Housing Element Update)

CONTENTS
Section I: Introduction & Summary ....................................................................... 1

1.1 INTRODUCTION .............................................................................................. 1

1.2 DEFINITION AND PURPOSE ............................................................................ 1

1.3 CONSISTENCY WITH STATE LAWS AND GENERAL PLAN .............................. 1

1.4 PUBLIC PARTICIPATION ................................................................................. 2

1.5 ORGANIZATION OF THE HOUSING ELEMENT ............................................... 2

1.6 DEFINITION OF TERMS ................................................................................... 3

1.7 DATA SOURCES .............................................................................................. 4

1.8 COMMUNITY PROFILE .................................................................................... 6

1.9 CHANGING HOUSING NEEDS AND DEMOGRAPHICS.................................... 7

1.9.1 Population Characteristics and Trends ................................................................... 7 Age Composition ............................................................................................................ 8 Race and Ethnicity ........................................................................................................... 8 Employment and Income ............................................................................................... 9

1.9.2 Household Incomes and Housing Affordability .................................................. 10

1.9.3 Special Needs Populations .................................................................................... 12 Homeless ........................................................................................................................ 12 Disabled .......................................................................................................................... 12 Elderly ............................................................................................................................. 13 Large Households ......................................................................................................... 14 Female-Headed Households ....................................................................................... 15 Farmworkers .................................................................................................................. 15

1.10 CHARACTERISTICS OF HOUSING STOCK ................................................... 16 Type ................................................................................................................................. 16 Tenure ............................................................................................................................. 16 Age and Condition ........................................................................................................ 17 Overcrowding ................................................................................................................ 18 Vacancy ........................................................................................................................... 19 Prices ............................................................................................................................... 20 Preservation of Assisted Units at Risk of Conversion ................................................ 21

1.11 SUMMARY OF CONSTRAINTS .................................................................... 21

1.12 SUMMARY OF FAIR HOUSING ANALYSIS .................................................. 22 Ensuring Equitable Zoning Practices .......................................................................... 23

1.13 REGIONAL HOUSING NEEDS ALLOCATION ............................................... 24

1.14 2015 COTATI HOUSING ELEMENT REVIEW ............................................... 25

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Attachment: Exhibit B1-TC - Cotati Adoption Draft Housing Element - Tracked Changes (2023-03-20) (Housing Element Update) Progress Implementing Programs .............................................................................. 25 Lessons Learned ............................................................................................................ 26

1.15 PROGRAM CHANGES IN 2023 HOUSING ELEMENT .................................. 26 Section II: Housing Strategy................................................................................ 27

2.1 HOUSING STRATEGY .................................................................................... 27 Goal H-1: Resilient & Safe Housing ................................................................................. 28 Program 1-1 Housing Rehabilitation ........................................................................... 29 Program 1-2: Home Ownership .................................................................................. 30 Program 1-3: Non-Profit and Agency Coordination – Existing Housing Needs .... 30 Program 1-4: Capital Improvement Program ............................................................ 31 Program 1-5: Preservation of Affordable Housing .................................................... 31 Program 1-6: Preservation of Mobile Home Parks ................................................3332 Program 1-7: Essential Housing Bond Financing Program...................................... 33 Program 1-8: Residential Building Decarbonization ............................................3433 Goal H-2: Housing Production ....................................................................................3534 Program 2-1: Adequate Housing Sites ....................................................................... 36 Program 2-2: Streamlining Housing Development .................................................. 37 Program 2-3: Accessory Dwelling Units (ADUs) ........................................................ 38 Program 2-4: Cottage Housing ................................................................................... 39 Program 2-5: Continuum of Care and Crisis Response ........................................4039 Program 2-6: Santero Way Rezoning to Affirmatively Further Fair Housing ......... 40 Program 2-7: Support Development of Proposed Projects .................................4140 Goal H-3: Affordable, Attainable & Accessible Housing ............................................. 41 Program 3-1: Zoning for a Variety of Housing Types............................................4241 Program 3-2: Funding for Affordable and Special Needs Housing........................ 43 Program 3-3: Maintain Adequate Staff ....................................................................... 44 Program 3-4: Housing Choice Vouchers ................................................................4544 Program 3-5: Review Processing Fees ........................................................................ 45 Program 3-6: Prohousing Designation ...................................................................4645 Goal H-4: Affirmatively Furthering Fair Housing ........................................................... 46 Program 4-1: Anti-Displacement Actions ...............................................................4746 Program 4-2: Housing Discrimination Complaints ...............................................4847 Program 4-3: Nondiscrimination & Fair Housing Information .............................4847 Program 4-4: Reasonable Accommodation ..........................................................4948 Program 4-5: Limit Code Enforcement Activities ..................................................4948 Program 4-6: Culturally Appropriate Facilitation and Involvement ....................5049 Goal H-5: Community Engagement ...........................................................................5049 Program 5-1: Annual Report ....................................................................................5049

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Attachment: Exhibit B1-TC - Cotati Adoption Draft Housing Element - Tracked Changes (2023-03-20) (Housing Element Update) Program 5-2: Workshops and Public Hearings .....................................................5150 Program 5-3: Stakeholder Engagement ................................................................5150 Program 5-4: Accessible & Transparent Information............................................5150

2.2 QUANTIFIED OBJECTIVES ........................................................................ 5251 SECTION III: HOUSING SITES .......................................................................... 5452

3.1 CONTEXT .................................................................................................. 5452

3.2 PROJECTED DEVELOPMENT AND RHNA CREDIT .................................... 5553

3.2.1 ADUs and JADUs .............................................................................................5553

3.2.2 Planned, Approved, and Pending Projects ..................................................5654 Cotati Station ..............................................................................................................6055 Cotati Village ..............................................................................................................6056 East Cotati Cottage Housing ....................................................................................6156 La Plaza View ..............................................................................................................6156 Lasker Lane .................................................................................................................6156 Pink Viking ..................................................................................................................6157 Redwood Row ............................................................................................................6257 Red’s Residential ........................................................................................................6257

3.3 REALISTIC CAPACITY OF SITES ZONED FOR HOUSING ........................... 6257

3.3.1 Vacant Sites.......................................................................................................6659

3.3.2 Non-Vacant Sites ..............................................................................................6860

3.3.3 Sites Suitability Analysis ..................................................................................7662

3.4 PROGRAMS TO ASSIST IN THE DEVELOPMENT OF HOUSING ................ 7964 Program 1-7: Essential Bond Financing Program .................................................7964 Program 2-1: Adequate Housing Sites ...................................................................7964 Program 2-3: Accessory Dwelling Units .................................................................7964 Program 2-4: Cottage Housing ...............................................................................8064 Program 2-6: Santero Way Rezoning ......................................................................8064 Program 2-7: Supporting Development on Inventory Sites ................................8064 Program 3-1: Sites Used in Multiple Planning Periods .........................................8065 Program 4-1: Anti-Displacement Actions ...............................................................8065

3.5 DEVELOPMENT TRENDS AND REALISTIC CAPACITY ANALYSIS .............. 8165

3.6 FAIR HOUSING CONSIDERATIONS........................................................... 8366

3.6.1 Improved Conditions ......................................................................................8567

3.6.2 Exacerbated Conditions .................................................................................8567

3.7 INFRASTRUCTURE CONSIDERATIONS ..................................................... 8568

3.7.1 Water .................................................................................................................8668

3.7.2 Sewer .................................................................................................................8668

3.7.3 Other Utilities ...................................................................................................8668

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Attachment: Exhibit B1-TC - Cotati Adoption Draft Housing Element - Tracked Changes (2023-03-20) (Housing Element Update)

3.8 ENVIRONMENTAL CONSIDERATIONS ..................................................... 8668

3.8.1 Fire .....................................................................................................................8769

3.8.2 Seismic Hazards ...............................................................................................8769

3.8.3 Flood .................................................................................................................8971

3.8.4 Special Status Species .....................................................................................9072

3.9 CONCLUSION ............................................................................................ 9274 Section I: Introduction & Summary ....................................................................... 1