Agenda packet — Cotati City Council, October 24, 2023

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 October 24, 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/81485023446?pwd=SHJqQjIvbFc5aldkTks0ZVZ2U3dTdz09 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: 814 8502 3446
Passcode: 020401
+1 (669) 900-6833 or +1 (346) 248-7799 or +1 (253) 215-8782 or +1 (301) 715-8592 or +1 (312) 626-6799 or +1 (929) 436-2866
Attendees may join the meeting any time after 5:45pm. Attendees will be muted until they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone. Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom notification that you have been unmuted. Once you begin your public comment, your three minutes will begin.

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

Any writings or documents provided to a majority of the Cotati City Council regarding any item on this agenda will be made available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Ave, Cotati, CA during the City’s posted business hours.

Cotati City Council Agenda October 24, 2023

Page 2 of 5 ends

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 or conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area.
• The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 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 at City Hall, 201 W. Sierra Ave, or, as a courtesy, online by pasting the following link into your web browser:
https://us02web.zoom.us/j/81485023446?pwd=SHJqQjIvbFc5aldkTks0ZVZ2U3dTdz 09 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 - OCT 10, 2023 6:00 PM Cotati City Council Agenda October 24, 2023

Page 3 of 5 ends

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 Civic Ready by signing up on the City website, www.cotaticity.org, under the "How do I" link at the top of the homepage.

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

6. PROCLAMATIONS
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI DECLARING NOVEMBER 2023 AS NATIVE AMERICAN HERITAGE
MONTH
B. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI RECOGNIZING OCTOBER 2023 AS NATIONAL DISABILITY

EMPLOYMENT AWARENESS MONTH

7. APPROVAL OF FINAL AGENDA (ACTION)

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

Cotati City Council Agenda October 24, 2023

Page 4 of 5 ends

The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested.

9. DIRECTION ON FUTURE AGENDA ITEMS

10. PUBLIC HEARINGS (ACTION)
A. ADOPTION OF INTERIM URGENCY ORDINANCE EXTENSION

PROHIBITING THE CONVERSION OF SENIOR MOBILEHOME PARKS
It is recommended that the City Council hold a public hearing and adopt an extension to Interim Urgency Ordinance No. 922 imposing a moratorium on the conversion/change of any mobilehome park currently existing in the City from a park occupied primarily or exclusively by residents over the age of 55 years (Senior Residents) to a mobilehome park allowing residents of all ages and declaring the urgency thereof.

11. REGULAR AGENDA (ACTION)
A. AUTHORIZE SIGNING A JOINT SUPPORT LETTER FOR THE SONOMA

WATER PROPOSAL FOR PACIFIC GAS & ELECTRIC COMPANY DRAFT

LICENSE SURRENDER APPLICATION, POTTER VALLEY PROJECT
It is recommended the City of Cotati City Council, by motion, authorize its WAC member sign a joint letter of support for Sonoma Water's proposal to amend Pacific Gas & Electric Company Draft License Surrender Application for the Potter Valley Project.

B. APPROVING A LAND ACKNOWLEDGMENT STATEMENT FOR CITY

WEBSITE, A STATEMENT FOR CITY COUNCIL MEETINGS, AND A

RESOLUTION UPDATING THE CITY COUNCIL RULES
It is recommended that the City Council adopt: 1. a motion approving a Land Acknowledgment statement, to be publicly displayed on the City website and in City Hall; 2. a motion approving a separate statement to be read at regular City Council meetings; and 3. a resolution approving the indicated changes to the City Council Rules.

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

Cotati City Council Agenda October 24, 2023

Page 5 of 5 ends

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 October 20, 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 October 10, 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 Absent
Sylvia Lemus Councilmember Present
Kay Rivers Councilmember Present
Staff present: City Attorney John Bakker, City Manager Damien O’Bid, Deputy City Clerk Kevin Patterson, Police Chief Michael Parish, Director of Public Works/City Engineer Craig Scott, Police Officer Ryan Sullivan

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 - SEP 26, 2023 6:00 PM RESULT: ACCEPTED [UNANIMOUS]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Lemus, Rivers
ABSENT: Ford

5. ANNOUNCEMENTS

4.A
Packet Pg. 6
Minutes Acceptance: Minutes of Oct 10, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes October 10, 2023

Page 2 of 5 ends

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.

6. PROCLAMATIONS
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI RECOGNIZING OCTOBER 24, 2023 AS POLIO AWARENESS DAY
Len Geradli of the Cotati Rotary Club accepted the proclamation.

No public comment.

B. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI RECOGNIZING OCTOBER 2023 AS BREAST CANCER AWARENESS
MONTH
Mayor Harvey read the proclamation.

No public comment.

C. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI RECOGNIZING OCTOBER 9, 2023 AS INDIGENOUS PEOPLES DAY
Mayor Harvey read the proclamation.

No public comment.

4.A
Packet Pg. 7
Minutes Acceptance: Minutes of Oct 10, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes October 10, 2023

Page 3 of 5 ends

7. PRESENTATIONS
A. BADGE PINNING CEREMONY - POLICE K9 "DOLLY"
Presentation by Chief of Police Michael Parish.

Councilmembers comment.

No public comment.

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

No public comment.

9. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
Public comment:

Jennifer Sullivan of Cotati

10. CONSENT CALENDAR (ACTION)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Lemus, Rivers
ABSENT: Ford
A. ACCEPT THE FISCAL YEAR 2022-2023 ANNUAL REPORT OF
DEVELOPMENT IMPACT FEE (AB1600)
B. DESIGNATION OF SIGNATURES FOR ORDERS FOR PAYMENT OF

MONIES, WIRE TRANSFER SERVICES AND ACCESS FOR SAFE

DEPOSIT BOX
C. RESOLUTION APPROVING THE SECOND AMENDMENT TO THE LEASE

AGREEMENT WITH AMWOHI MPL TOWER HOLDINGS LLC AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
D. ACCEPT CIVIC CENTER PAINTING PROJECT

11. DIRECTION ON FUTURE AGENDA ITEMS
Vice Mayor Sparks requested a future agenda item on a dark sky friendly light pollution ordinance.

12. REGULAR AGENDA (ACTION)

4.A
Packet Pg. 8
Minutes Acceptance: Minutes of Oct 10, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes October 10, 2023

Page 4 of 5 ends

A. MOTION APPROVING A LAND ACKNOWLEDGMENT STATEMENT TO

BE PUBLICLY DISPLAYED ON THE CITY WEBSITE
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kay Rivers, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Lemus, Rivers
ABSENT: Ford
Presentation by City Manager Damien O'Bid.

Councilmembers comment.

No public comment.

Council directed Staff to draft two versions of a land acknowledgement: a shorter version, to be placed on the agenda and read at City Council meetings, and a longer version, to be posted to the City's website and at City Hall.

B. APPROVE AND ISSUE REPORT ON MEASURES TAKEN TO ALLEVIATE

CONDITIONS LEADING TO ADOPTION OF INTERIM URGENCY
ORDINANCE NO. 922 PRESERVING SENIOR MOBILE HOME PARKS
RESULT: APPROVED [UNANIMOUS]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Lemus, Rivers
ABSENT: Ford
Presentation by City Manager Damien O'Bid.

Councilmembers comment.

Public comment:

Mike Steckler of Cotati

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

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

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

Laurie Alderman of Cotati

4.A
Packet Pg. 9
Minutes Acceptance: Minutes of Oct 10, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes October 10, 2023

Page 5 of 5 ends

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

17. ADJOURNMENT
Mayor Harvey adjourned the meeting at 7:17pm.
/s/ Kevin Patterson, Deputy City Clerk

4.A
Packet Pg. 10
Minutes Acceptance: Minutes of Oct 10, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: ADOPTION OF INTERIM URGENCY ORDINANCE EXTENSION

PROHIBITING THE CONVERSION OF SENIOR MOBILEHOME PARKS
Date: October 24, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council hold a public hearing and adopt an extension to Interim Urgency Ordinance No. 922 imposing a moratorium on the conversion/change of any mobilehome park currently existing in the City from a park occupied primarily or exclusively by residents over the age of 55 years (Senior Residents) to a mobilehome park allowing residents of all ages and declaring the urgency thereof.

Background
The City of Cotati currently has three mobilehome parks (Sierra Mobile Home Park, Countryside Mobile Home Park and Ramble Creek Mobile Home Park). Countryside Mobile Home Park is the only mobilehome park operated as a seniors-only housing community, as established through the park rules and regulations.

On August 4, the president of the Countryside Mobile Home Park reached out to the City, followed by several other concerned residents. On August 8, 2023, several residents came to the City Council meeting requesting that the City assist them to prevent the park from converting the park to an “all age” park. The concerns of the residents were that the change from senior to “allage” will fundamentally change the character of the mobile home park and potentially result in low-income seniors losing their housing.

City staff followed up on the request and found that the Countryside Mobile Home Park (Owners) sent the mobilehome park owners (Residents) a “Notice of Meeting Regarding Proposed Amendment to Park Rules and Regulations”, dated July 26, 2023. The notice also included a copy of the “Parks Proposed Rules and Regulations”, and set the required meeting to consult over the proposed rule changes on August 10, 2023. The proposed changes, among other things, will remove the senior-only restriction and make the park an all-ages park. The August 10, 2023 meeting was held by the Owners to meet the statutory “meeting and consultation” requirements prior to park rule changes (Civil Code 798.25(b)). If the August 10, 2023 meeting satisfies the meeting and consultation requirement under the civil code, the proposed park rule

10.A
Packet Pg. 11
revisions will go into effect 6 months after the August 10, 2023 meeting (February 6, 2024).

Adopted City policies support the preservation of senior and low-income housing. In particular, the City’s certified Housing Element (HE) finds that the, “…high cost of housing in the San Francisco Bay Area has made homeownership difficult for…seniors on fixed incomes.” The certified HE further promulgated certain goals and policies to protect seniors, including Goal H4 Affirmatively Furthering Fair Housing, to promote housing opportunities for all persons regardless of race, gender, age, marital status, ancestry, national origin, color, or sexual orientation and Goal H-3 Affordable, Attainable, & Accessible Housing, to expand affordable housing opportunities for lower income households and persons with special housing needs, including seniors, disabled persons, large households, and homeless persons and families, as well as Policy H-1.6 Encourage the preservation and maintenance of mobile home parks.

Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, prohibits age discrimination in housing. In 1988, the Housing for Older Persons Act amended the Fair Housing Act which created an exemption for housing for adults age 55 and over. In order to qualify for the "housing for older persons" exemption, a facility or community must comply with all the requirements of the exemption.

The “Housing for Older Persons” exemptions apply to the following housing:

1. Provided under any state or federal program that the Secretary of HUD has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program);

2. Intended for, and solely occupied by persons 62 years of age or older; or

3. Intended and operated for occupancy by persons 55 years of age or older.

The 55 or older exemption is the most common of the three. In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the following requirements:
• At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and
• The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as "55 or older" housing; and • The facility or community must comply with HUD's regulatory requirements for age verification of residents.

The "housing for older persons" exemption does not protect such housing facilities or communities from liability for housing discrimination because of race, color, religion, sex, disability, or national origin.

On September 12, 2023, the City Council unanimously adopted Interim Urgency Ordinance No. 922 to temporarily prohibit conversions of senior mobilehome parks into all age mobile home parks. On October 10, 2023, the City Council reviewed and issued a report on measures taken to alleviate conditions leading to adoption of Interim Urgency Ordinance No. 922 preserving senior

10.A
Packet Pg. 12
mobile home parks. As stated in the report, staff are working on an ordinance to preserve the senior mobilehome park, but additional time is required to complete this work.

Analysis/Discussion
The City is committed, through its General Plan Housing Element, to preserving the City's existing affordable housing stock and to maintaining housing for special needs groups like senior citizens. (General Housing Element: Goal 1.) In contrast with other senior housing in the City, mobilehome parks provide seniors with independence and the ability to live in their own homes rather than in apartments or assisted living communities. Seniors-only mobilehome parks also provide seniors with the opportunity to live in a senior living community in a low-rise setting.

Changing seniors only mobilehome parks to all-age communities are likely to burden and irreparably harm senior citizens within the community. Many seniors are on a fixed income and moving to a non-age restricted community has the potential of affecting the rents that are paid at the park. Moreover, seniors may have purchased homes in these seniors-only housing communities because of and in reliance on the seniors only age restriction. In many instances, these mobilehomes cannot be relocated elsewhere because they are not motorized and are often older and unable to be moved without significant damage. Further, these seniors-only mobilehome parks give senior citizens a better quality of life, with the ability to live in a quieter community setting among others their own age.

Staff is recommending that the City Council adopt an extension of Interim Urgency Ordinance No. 922 to allow staff time to bring forward a permanent zoning ordinance. The extended Interim Urgency Ordinance will prevent the conversion of the existing seniors-only mobilehome park to an all-age park in this interim period. Extending the existing Interim Urgency Ordinance will not result in any physical changes to the City of Cotati; rather, it merely helps to preserve the status quo. The following is an update on what other cities in California have done in order to address this issue and preserve their seniors-only mobilehome parks.

City of Yucaipa
In 2009, the City of Yucaipa adopted an ordinance amending its official land-use plan in order to create a new Senior Mobilehome Park Overlay District. This ordinance prohibited any of the 22 mobilehome parks in Yucaipa that operated with a seniors-only housing restriction from converting to all-age mobilehome park facilities. The owners of these mobilehome parks sued the City of Yucaipa alleging that the ordinance violated federal law by forcing them to discriminate on the basis of familial status and by interfering with their ability to aid or encourage families with children in the enjoyment of fair housing rights.

In 2012, the Ninth Circuit held that the City of Yucaipa’s ordinance did not violate federal law.

The court held that the City was not preempted from creating an overlay district that restricted the age of certain mobilehome residents to 55 and above. Moreover, the court determined that the City did not discriminate in housing on the basis of familial status because the senior housing exemption applied. This court decision is consistent with a California Attorney General Opinion that was issued in 2004. Therefore, the City of Yucaipa was able to successfully preserve its

10.A
Packet Pg. 13
housing stock for senior citizens and prevent the conversion of its seniors-only mobilehome parks from becoming all-age housing facilities.

City of Huntington Beach
In August of 2013, the City of Huntington Beach adopted an interim ordinance establishing a moratorium on the conversion of seniors-only mobilehome parks due to the lack of senior housing options in and around the City of Huntington Beach. In September of 2013, the City Council extended the moratorium on the conversion of seniors-only mobilehome parks for an additional 7 months and 15 days.

In March of 2014, the City Council of the City of Huntington Beach adopted Ordinance No. 4019 amending the Huntington Beach Zoning and Subdivision Ordinance by adding a Senior Residential Overlay District. The City’s ordinance noted that many of the residents living in these seniors-only mobilehome parks voiced their desires to continue living in detached housing.

Additionally, the ordinance cited the fact that mobilehome housing can provide seniors with more affordable housing options and in some instances are the only detached housing options that seniors living with a fixed budget can afford. The ordinance also cited the Ninth Circuit’s decision in the case against the City of Yucaipa as support for its decision to adopt Ordinance No. 4019.

City of San Juan Capistrano
In February 2017, the City of San Juan Capistrano adopted a very similar urgency ordinance (Ord. 1044) to what is now before the Cotati City Council, to maintain the status quo while staff evaluated options to craft ordinance revisions to prevent the conversion of senior mobile home parks. Later that year, San Juan Capistrano adopted a Senior Mobilehome Park Overlay District, similar to Yucaipa and Huntington Beach.

Conclusion
By extending the existing Interim Urgency Ordinance No. 922, it will continue to temporarily preserve the status quo and prevent the City's existing seniors-only mobilehome park from being converted to all-age mobilehome park while the City studies a possible permanent zoning ordinance.

Financial Considerations
There is no direct financial impact to the City by extending the existing Interim Urgency Ordinance. However, drafting an updated ordinance will take significant staff time, so the City Council has previously approved additional staff time through the remainder of the current Fiscal Year to accommodate this unanticipated work.

Environmental Issues

10.A
Packet Pg. 14
This Interim Urgency Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061 (b)(3), that this Interim Urgency Ordinance is exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This action is not subject to further environmental review as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

10.A
Packet Pg. 15
ORDINANCE NO.

AN EXTENSION TO AN UNCODIFIED INTERIM URGENCY ORDINANCE OF THE

COUNCIL OF THE CITY OF COTATI PROHIBITING THE CONVERSION OF

SENIOR MOBILEHOME PARKS
THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Determinations.

A. The City of Cotati ("City") has the obligation and power to plan and regulate the use and development of residential property within the City in order to protect the public safety, health, and welfare. This Ordinance is necessary to protect the public health, safety and welfare for the reasons set forth below and in the related staff report and public testimony.

B. The City’s certified Housing Element (HE) finds that the, “…high cost of housing in the San Francisco Bay Area has made homeownership difficult for…seniors on fixed incomes.” The certified HE further promulgated certain goals and policies to protect seniors, including Goal H-4 Affirmatively Furthering Fair Housing, to promote housing opportunities for all persons regardless of race, gender, age, marital status, ancestry, national origin, color, or sexual orientation and Goal H-3 Affordable, Attainable, & Accessible Housing, to expand affordable housing opportunities for lower income households and persons with special housing needs, including seniors, disabled persons, large households, and homeless persons and families, as well as Policy H-1.6 Encourage the preservation and maintenance of mobile home parks.

C. In comments received prior to the City Council meeting and during the public comment portion of the City Council meeting on August 8, 2023, numerous residents of the Countryside Mobile Home Park informed the City Council of apparent efforts by the park owners and management to convert the park from its current senior only occupancy to an all-age park. Specifically, the residents testified that park management recently proposed updated park rules to implement the change to an all-age park, fundamentally changing the character of the park and driving seniors out of the park, which would destabilize them socially and economically.

D. Following the August 8, 2023 City Council meeting, City staff received copies of the existing park rules and the proposed park rules, verifying that the proposed park rules will eliminate the current senior mobilehome park restriction (at least 1 occupant in each home must be 55 years old or older), to go into effect 6 months after the “meeting and consultation” between the park owner and the park homeowners (CA Civil Code, 798.25(b)), which appears to have occurred on August 10, 2023.

E. At a duly noticed Public Hearing on September 12, 2023, the City Council unanimously adopted an interim urgency ordinance to prohibit the conversion of senior mobile home parks to all age parks for 45 days, pursuant to Government Code Section 65858.

Packet Pg. 16
F. At the City Council meeting on October 10, 2023, the City Council reviewed and issued a report on measures taken to alleviate conditions leading to adoption of Interim Urgency Ordinance No. 922 preserving mobilehome parks, including meeting with the park owner of the sole senior mobile home park in Cotati and beginning to explore zoning options to preserve the existing senior mobile home park.

G. The City Council wishes to consider implementing zoning amendments that would protect senior housing in mobilehome parks and desires to extend Interim Urgency Ordinance No. 922 for a temporary prohibition on land use actions that would result in conversion of senior mobilehome parks.

H. The purpose of the extension of the existing Interim Urgency Ordinance is to prevent the conversion of existing senior mobilehome parks to other uses while the City develops said zoning amendments.

I. This Ordinance is an extension to InterimUurgency Ordinance No. 922, adopted as an urgency measure pursuant to Government Code Section 65858, and is for the immediate preservation of the public peace, health, safety and welfare. The City Council hereby finds that the conversion of existing senior mobilehome parks to other uses would create a current and immediate threat to the public welfare by potentially causing displacement and changing the character of existing senior communities, which conditions are exacerbated by the fact that mobilehome owners rent space in mobilehome parks and have few choices for moving their mobilehomes.

J. In addition, the City Council finds that, on the basis of the whole record and exercising its independent judgment, this Ordinance is not subject to environmental review pursuant to the State Guidelines for Implementation of the California Environmental Quality Act Sections 15060(c)(2) and 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Ordinance has no potential for resulting in physical change to the environment directly or indirectly in that it prevents change to the environment pending the completion of the contemplated research and studies.

K. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061 (b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, this action to extend the Interim Urgency Ordinance to limit the conversion of senior-only mobile homes parks within the City, and directing staff to research implementation of a permanent ordinance is found to be in keeping with the goals policies, programs of the City’s adopted and certified 2023 Housing Element, and its adopted Mitigated Negative Declaration.

Packet Pg. 17
L. The City Council hereby declares that should any section, paragraph, sentence, phrase or term of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid.

SECTION 2. Interim Prohibitions Adopted.

In accordance with the authority granted to the City Council under Government Code Section 65858 from and after the date of this ordinance:

A. Notwithstanding anything in the Cotati Municipal Code to the contrary, it shall be unlawful to convert a senior mobilehome park to any other use. “Senior mobilehome park” shall mean a mobilehome park in which the mobilehome park’s rules and regulations as of the date of the initial adoption of the Interim Urgency Ordinance’s enactment to restrict tenancy to at least one person who is fifty-five years of age or older; or at least eighty percent of the spaces are occupied by, or intended for occupancy by, at least one person who is fifty-five years of age or older, or in which one hundred percent of the spaces are occupied or intended for occupancy by persons sixty-two years of age or older.

SECTION 3. Effective Date.

This extension to the Interim Urgency Ordinance shall take effect immediately upon reading in full and passage by a 4/5ths vote of the City Council in accordance with Government Code Section 65858. This Ordinance shall remain in effect for a period of twenty-two (22) months and fifteen (15) days pursuant to Government Code Section 65858, unless superseded by the aforementioned zoning amendments to protect senior housing in mobilehome parks. The City Manager and City Attorney are directed to take all actions necessary or convenient to study, prepare, schedule public hearings, and present to the City Council permanent regulations to implement the intent of this Ordinance.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
Packet Pg. 18
Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Authorize signing a joint support letter for the Sonoma Water Proposal for Pacific Gas & Electric Company Draft License Surrender Application, Potter Valley Project
Date: October 24, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council, by motion, authorize its WAC member sign a joint letter of support for Sonoma Water's proposal to amend Pacific Gas & Electric Company Draft License Surrender Application for the Potter Valley Project.

Background
Potter Valley Project
The Potter Valley Hydroelectric Power Facility (PVP) was constructed over 100 years ago and consists of intake facilities on the Eel River and a tunnel connecting the Eel River to the East Branch Russian River and flows to Lake Mendocino. The flow of water through the tunnel drops over 400 feet and provides for the generation of up to 9.2 megawatts of capacity. The flows from the Potter Valley Project then travels down the East Fork of the Russian River, where it supplies the Potter Valley Irrigation District (PVID) and ultimately flows into Lake Mendocino. Between 1922 and 1992, diversions from the Eel River through the PVP averaged greater than 150,000 acre-feet annually. Following a 10-year study of potential environmental impacts that PG&E was required to complete as part of the PVP relicensing, flows were required to be reduced. As of 2017, annual PVP diversions averaged about 72,000 acre-feet, less than half the 1922-1992 average.

The PVP is licensed by the Federal Energy Regulation Commission (FERC) to PG&E. This license expired on April 14, 2022, but FERC has issued annual licenses since that time to enable PG&E to continue operations. PG&E incurs an annual financial loss on the Project and has filed with FERC a plan and schedule to submit a license surrender application for the Project. Sonoma Water has submitted a proposal for PG&E to include a plan to maintain PVP diversions through the tunnel as part of their Surrender and De-Commissioning Plan.

Lake Mendocino
Sonoma Water, as a local sponsor, partially financed the construction of Coyote Valley dam

11.A
Packet Pg. 19
(Lake Mendocino) under agreements with the U.S. Army Corps of Engineers (USACE). As a result, Sonoma Water manages the water supply storage within Lake Mendocino while USACE manages the flood control pool. Depending on the time of year, the effective water supply pool in Lake Mendocino can be as much as 50,000 acre-feet (110,000 acre-feet total, 60,000 acre feet minimum). By contrast, Lake Sonoma’s total storage capacity was 381,000 acre-feet, with a water supply pool of 225,000 acre-feet at the time of construction in 1983.

Sonoma Water controls releases from the water supply pool of Lake Mendocino to maintain the required minimum instream flows in the Russian River and Dry Creek and to meet the diversion demands of the Sonoma Water and other Russian River water users. Unimpaired stream flows create most of the Russian River flows downstream of Lake Mendocino to the Russian River’s confluence with Dry Creek during the rainy season (November through April). During the drier months of May through October, water released from Lake Mendocino storage creates most of the flows in the Russian River upstream of Dry Creek. While there are permit minimum releases, Sonoma Water releases water stored in Lake Mendocino to supplement natural flows as necessary to maintain the minimum instream flow requirements for the Russian River and Dry Creek. The minimum instream flow requirements were established in the Water Agency’s water right permits by the State Water Resources Control Board's (SWRCB) Decision 1610, to meet the demands for diversions into the Water Agency’s water transmission system and to meet the needs of other Russian River water users.

Due to lack drought conditions in recent years, as well as the drop in PVP inflows, Sonoma Water has had to pursue Temporary Urgency Change Petitions (TUCP) with the SWRCB in recent years. In essence, the TUCP is the mechanism to vary from the water rights permit (D1610), generally to request a variance from the required minimum instream flows to preserve reservoir storage through the summer.

Analysis/Discussion
In 2016, PG&E began holding public workshops to discuss relicensing its FERC power and diversion license. In 2018, PG&E began announcing its plans to divest itself from the PVP and Sonoma Water and other public entities began engaging in a process to explore ways to maintain the diversion. On July 29, 2022, FERC approved PG&Es plan and schedule to surrender and decommission the PVP and noted the surrender application is expected to be filed with FERC by January 2025.

PG&E has indicated an initial draft of the surrender and decommission plan (Plan) will be produced in November 2023, and a final draft of the Plan in May 2024, to meet the January 2025 FERC deadline. The Plan includes decommissioning not only the Project but Scott Dam as well.

Recognizing the importance to the region’s water supply, Sonoma Water has been exploring ways to keep the diversion after PG&E’s decommissioning of the Project. PG&E informed other agencies that it would consider proposals for others to maintain the diversions if received in July 2023. Sonoma Water joined with the Mendocino County Inland Water and Power Commission and the Round Valley Indian Tribes and prepared and submitted a proposal to PG&E in July 2023 (the Proposal is attached). Acceptance of the Proposal is at the PG&E’s discretion and is

11.A
Packet Pg. 20
anticipated to be made public with their disclosure of the initial draft of the Surrender and Decommissioning Plan in November 2023.

The Proposal was prepared and submitted concurrent with the ongoing meetings for the Russian River Water Forum, and, although informed by these meetings, was not shared with the RRWF members until after the Proposal’s submittal to PG&E. The short deadline to prepare the Proposal likely did not lend itself to a potentially lengthy public review process.

Proposal
The Proposal for an alternative water diversion facility is attached and includes the following:

1. Creation of a regional entity to serve as a legal organization in discussing a New EelRussian Facility with PG&E, and

2. Requests PG&E include in its final license surrender and decommissioning application to FERC a request for FERC to issue a nonpower license to the regional entity, which would preserve the diversion and authorize the construction of the Eel-Russian facility, and

3. Several concept options for the proposed Eel-Russian facility.

The proposal seeks to provide for the continued diversions, through a nonpower license, without relieving PG&E from its responsibilities to decommission Scott Dam and the hydroelectric components of the PVP and not hinder the surrender and decommissioning process. The Proposal lists the existing project components to be transferred to the Regional Entity, components for potentially partial transfer, and describes several design options for the proposed new project works to be held by the Regional Entity.

In parallel and supporting this effort, is technical work by Sonoma Water to evaluate the condition of the existing facilities and to develop and further refine the concept and design of the proposed new facilities. In addition, the Russian River Water Forum, funded in part by the nearly $2 million Department of Water Resources, Urban Drought relief Program grant, County funding and funding by the Water Contractors, is projected to continue through the end of this year before depleting funds.

Proposal Support Letter Being Requested
Sonoma Water has requested the Water Advisory Committee members sign a joint letter of support for the Proposal, substantially in the form attached. The letter briefly describes the Proposal and highlights the importance of the continued diversion to the region’s water supply and economy.

Benefit to the Water Contractors and Other Considerations The cities of Santa Rosa, Rohnert Park, Petaluma, Sonoma, as well as Cotati are primary Water Contractors receiving wholesale drinking water from Sonoma Water and receive the majority of their water from Lake Sonoma with some coming from groundwater. PVP diversions are stored at Lake Mendocino and released during the dry months to maintain minimum flows in the upper Russian River in accordance with Decision 1610, and meet water system “losses” in the upper reach of the Russian River. To the extent Russian River flow is increased by these releases past the City of Healdsburg, the flows can help reduce the amount of releases from Lake Sonoma to

11.A
Packet Pg. 21
maintain the required minimum flows in the Lower Russian River.

The water supply benefit of the PVP is commonly characterized by its impact on Lake Mendocino over the past decades. For example, without the diversion, the lake is estimated to experience shortages in 8 out of 10 years and is predicted to go dry 5 out of 10 years. Another potential benefit is the amount of additional water stored in the lake due to having the diversion.

The additional storage being a benefit to those with direct diversions from the lake and available for releases to meet in-stream flow requirements and water losses.

The existence of Lake Pillsbury is a primary factor in the viability of the hydroelectric plant and the annual amount and benefits of the diversion. Lake Pillsbury, for example, is attributed to providing spring and summer flows surface flows needed by downstream users and also to fill Lake Mendocino. Therefore, it is unclear how much benefit the diversion will be after removal of the Scott Dam (the condition required under the surrender and decommissioning is for removal of Scott Dam otherwise known as “Run of the River”). If dams on the Eel River are removed, it is likely that the diversion will need to be a Ranney type collector (similar to Wohler/Mirabel), essentially pumping groundwater adjacent to the river during summer months to avoid TUCP flow reductions from Lake Mendocino. In any case, requirements by resource agencies are likely to further reduce the allowable diversions post decommissioning.

The potential acquisition of the PVP by the Water Agency is addressed in Provision 2.4 of the Restructured Agreement for Water Supply between Sonoma Water and the Water Contractors.

The provision requires Sonoma Water to evaluate the water supply and fisheries benefits of the PVP, within the Russian River watershed, and alternative actions which could reduce the need for the PVP. In accordance with this Provision, the Technical Advisory Committee (TAC), has requested Sonoma Water quantify the benefit of the potential continued diversion to the Water Contractors and request the financial contribution be proportional to the benefit. This is also a State requirement for retail water suppliers where the rates charged are to be reflective of the costs incurred to provide the service. Additionally, Sonoma Water is conducting a resiliency study to evaluate options to reduce the need for the diversion. Sonoma Water is also evaluating the operating costs, water rights implications, added environmental requirements and costs to be incurred with project ownership. At this time, these factors are not entirely clear.

Sonoma Water representatives have stated submittal and subsequent acceptance of the Proposal by PG&E does not commit Sonoma Water to implementing the Proposal and the Regional Entity acquiring the proposed project. This step has been characterized in TAC and WAC/TAC meetings as keeping a “foot in the door” and keeping the diversion option open. In this context, City staff is supportive of the Proposal and recommends that its WAC representative sign the attached Joint Letter of Support.

Financial Considerations
The costs related to the continued re-licensing effort are paid for from the City’s operations budget of the Water Utility Fund. These expenses generally consist of City staff time and through the wholesale water rate paid to Sonoma Water. Collectively, the Water Contractors have contributed $150,000 to the Russian River Water Forum process and addition expenses for Sonoma Water labor, consultants, and direct costs over at least the past 5 years. Additionally, an

11.A
Packet Pg. 22
attorney representing the City’s has attended regular meetings on the PG&E re-licensing for the past five years. The surrender and decommissioning process has extended at least five years and, by some accounts, could extend at least another 5-10 years. It is unknown what the cost of maintaining the diversion would be to the City if the Regional Entity assumes ownership of the proposed project. The current Biological Opinion expenses borne exclusively by the Water Contractors may be partially offset by other benefiting stakeholders in the Russian River under a JPA structure, such as cities (Ukiah, Cloverdale, Windsor, Healdsburg), agricultural users, recreational users, etc. that have to date had no financial responsibility.

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:

Press Release Potter Valley proposal (PDF)
PVP Proposal (2023-08-03) (PDF)
Joint letter of support New Eel-Russian Facility Proposal (PDF) Presentation (PDF)

11.A
Packet Pg. 23

PRESS RELEASE
August 7, 2023
Contact:

Ann DuBay
Email: [email protected]
Phone: 707-322-8185
Regional Partners Submit Proposal to Preserve Potter Valley Diversion and Fish Passage Options
Potter Valley – The Mendocino County Inland Water and Power Commission (MCIWPC), the Round Valley Indian Tribes (RVIT), and the Sonoma County Water Agency (Sonoma Water) last week submitted a proposal to advance a regional solution for preserving flows in the Russian River and improving Eel River fisheries.

In the absence of this proposal, Pacific Gas and Electric Company’s (PG&E) decommissioning plan for the Potter Valley Hydroelectric Project (PVP) would include removing facilities that allow for water diversions to the Russian River. These water diversions have been vital to the Russian River basin for more than 100 years. The proposal is also important to assure that removal or modification of facilities allow for upstream and downstream fish migration at Cape Horn Dam, consistent with goals for a sustainable and harvestable Eel River fishery.

The New Eel-Russian Facility (facility) proposal submitted to PG&E would provide for the creation of a regional entity that has the legal and financial capacity to own, construct and operate a new water diversion facility near PG&E’s Cape Horn Dam on the Eel River. The yet-to-be designed facility would allow for ongoing water diversions through the PVP’s tunnel between the Eel River and Russian River, while allowing for upstream and downstream fish migration to support larger efforts aimed at achieving naturally reproducing, self-sustaining and harvestable native anadromous fish populations.

The regional solution proposal was submitted to PG&E in response to its decision to surrender its license for operating the PVP, and its requirement to receive a proposal by July 2023 from any entity interested in owning part the PVP facilities. PG&E’s schedule for filing a license surrender application and decommissioning plan calls for the utility company to complete an initial draft surrender application by November 2023, and a final draft surrender application by May 2024. The final application is required for submittal to the Federal Energy Regulatory Commission (FERC) by January 31, 2025.

11.A.a
Packet Pg. 24
Attachment: Press Release Potter Valley proposal (PVP Proposal Support Letter) The proposal seeks PG&E to include provisions in its final license surrender application that would allow the regional entity to preserve some of the water diversion components near Cape Horn Dam (which PG&E plans to remove) and obtain FERC approval for the regional entity to construct the New EelRussian Facility. “Our goals are to restore the Eel River watershed from its degraded condition and to restore our salmon fishery to sustainable and harvestable populations. We join this proposal because it is one pathway to achieving these goals. We look forward to working with our partners in both the Eel River watershed and Russian River watershed and the environmental community to ensure that the decommissioning plan fully protects our Eel River fish and respects our federal fishing rights and water rights,” said Bill Whipple, President, Round Valley Indian Tribes Tribal Council. “This is all about achieving a solution that honors the needs of all the ecosystems and communities within the region,” said Sonoma County Supervisor and Sonoma Water Director James Gore. “The train has already left the station in terms of decommissioning. Our proposal endeavors to improve the health of the Eel while preserving critical water diversions, at the appropriate times and levels, to the Russian River watershed.”
“The proposal that we submitted to PG&E benefits from the Two-Basin Solution Partnership and draws directly from technical studies and other work that the partners have undertaken together in recent years. We are very hopeful to find a pathway forward with these critical stakeholders” said Sonoma County Supervisor and Sonoma Water Director David Rabbitt. “We have many details to consider, including the new diversion facility design, who will operate and maintain it and how it will be financed. We’re looking forward to ongoing work with stakeholders through the Planning and Working groups of the Russian River Water Forum,” said Janet Pauli, chair of the MCIWPC.
“We are very grateful to Representative Jared Huffman, California Trout, allied conservation groups and Humboldt County for their leadership in advancing a regional solution,” said Grant Davis, Sonoma Water general manager. “The input received from multiple stakeholders was invaluable in developing this proposal.”
In a statement, PG&E said “PG&E has received the proposal from Sonoma Water, MCIWPC and RVIT about the Potter Valley Project and is reviewing it. PG&E has previously shared we would consider proposals for a third party to retain certain project features. We will have an initial draft Surrender Application and Decommissioning Plan available for review in late November.” For additional information, go to https://mendoiwpc.com/our-shared-water/ or https://SonomaWater.org/RegionalPartnership
# # #

11.A.a
Packet Pg. 25
Attachment: Press Release Potter Valley proposal (PVP Proposal Support Letter)

PROPOSAL FOR PACIFIC GAS & ELECTRIC COMPANY,
DRAFT LICENSE SURRENDER APPLICATION, POTTER VALLEY PROJECT (P-77) Sonoma County Water Agency, Mendocino County Inland Water and Power Commission, and Round Valley Indian Tribes
July 31, 2023, updated August 3, 2023
PG&E is considering a proposal for Cape Horn Dam and Van Arsdale Diversion advanced by Sonoma County Water Agency, Mendocino County Inland Water and Power Commission, and Round Valley Indian Tribes. This proposal is called the New Eel-Russian Facility.

PG&E will include the proposal in the final license surrender application if, consistent with the schedule attached as Attachment 1, a Regional Entity has:
(1) been formed and has the legal, and is developing the financial, capacity to be responsible for ownership, construction, and operation of the Facility; (2) selected a design that, as documented in a design report, fully implements co-equal objectives of fish migration and water diversions. The Facility will be designed for upstream and downstream fish migration with a goal of achieving naturally reproducing, self-sustaining and harvestable native anadromous fish populations. The Facility will include the physical capacity for material and continued water diversion through the existing tunnel from the Eel River into the Russian River. Fish migration and Eel River diversions in the selected design will be on conditions, mutually agreeable to the Proponents, that protect the fishing rights and water rights of the Round Valley Indian Tribes;
(3) agreed with PG&E on terms for a Purchase and Sale Agreement for the project works listed in Attachment 2, which agreement: (a) assures that this entity will bear the additional costs, risks, and liabilities of this proposal relative to what would otherwise be PG&E’s decommissioning plan, (b) provides appropriate consideration for the purchase of the project works, and (c) provides for closing and transfer of fee title to the project works listed in Attachment 2, concurrent with partial transfer of P-77 license; and
(4) received support for the proposal from National Marine Fisheries Service and California Department of Fish and Wildlife, and from representative governmental and non-governmental entities from the Russian and Eel River basins.

The final license surrender application will request that FERC create a nonpower license for the project works listed in Attachment 2, to be held by the Regional Entity. The nonpower license will authorize construction of the Facility. This nonpower license will be effective once FERC issues the license surrender order for the remaining P-77 project works and further, PG&E and the proponents confirm that the license surrender order and nonpower license are consistent with the relevant terms of the Purchase and Sale Agreement.

PVP Proposal (July 31, 2023, updated August 3, 2023)

Page 1 of 12 ends

11.A.b
Packet Pg. 26
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter)

Attachment 1.

Schedule for Coordination with PG&E in Further Development of Proposal Leading to Filing of License Surrender Application
Date Event
August 15, 2023 Sonoma County Water Agency, Mendocino County Inland Water and Power Commission, and Round Valley Indian Tribes (Proponents) and PG&E begin discussions on a Purchase and Sale Agreement (PSA).

Proponents are proxy for the Regional Entity.

October 31, 2023 Proponents report to PG&E on outcome of preliminary consultation with NMFS, CDFW, and stakeholders in the Russian and Eel River Basins to support incorporation of proposal in draft license surrender application. Proponents consult on the options described in Attachment

3. By this time, Proponents also convene a table to negotiate a settlement with respect to the approach to the Eel-Russian Facility in the license surrender application.

November 30, 2023 PG&E releases draft license surrender application for its own stakeholder consultation.

December 31, 2023 Proponents form a JPA as Regional Entity. This entity and original Proponents coordinate with respect to subsequent steps. This entity becomes PG&E’s counter-party in the PSA negotiations.

March 31, 2024 Per Proposal paragraph (2), Proponents tentatively select a design option, for the purpose of continuing consultation with agencies and stakeholders.

May 31, 2024 PG&E releases revised draft license surrender application. Before this date, Proponents submit to PG&E a draft of the license surrender application that deals with Eel-Russian Facility, proposing a nonpower license. This application reflects progress on Proposal paragraphs (1) – (4) as needed for a complete draft application.

November 30, 2024 PG&E and Regional Entity reach agreement on the PSA terms (binding Term Sheet).

November 30, 2024 Proponents reach agreement (Term Sheet or Agreement in Principle) with agencies and representative stakeholders on key terms related to the license surrender application dealing with the Eel-Russian Facility.

January 31, 2025 PG&E files the license surrender application with FERC. Regional Entity is co-applicant for that part of the application dealing with EelRussian Facility.

PVP Proposal (July 31, 2023, updated August 3, 2023)

Page 2 of 12 ends

11.A.b
Packet Pg. 27
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter) Attachment 2.

Project Facilities Proposed to be Transferred to Regional Entity Project Facility/Feature
River Gages
E2 - Eel R BL Scott Dam NR Potter Valley CA (11470500)
Project Facility Access Roads
Gage E2 Access Rd
Penstock, Pipeline and Butterfly Valve House Access Rd
Powerhouse Main Access Rd
Intake Structures
Van Arsdale Diversion Intake
Tunnels and Adits
Tunnel No. 1
Tunnel No. 2
Tunnel No. 1 Slide Gate and Adit
Tunnel No. 1 Gage Shaft
Conduits, Penstocks, Control and Valve Houses
Conduit No. 1 (Upper Wood Stave, Steel Pipe and Components) Conduit No. 2 (Lower Wood Stave, Steel Pipe and Components) Conduit No. 1, 72-inch Butterfly Valve House
Conduit No. 1 Standpipe and Surge Chamber Vent
Penstock No. 1
Penstock No. 2
Penstock Nos. 1 and 2, 60-inch Gate Valves (2)
Penstock Bypass Channel
Powerhouse Bypass System
Powerhouse, Switchyard, and Tailrace
Potter Valley Powerhouse
Potter Valley Powerhouse Tailrace, Radial Gate, and Venturi Flume Potter Valley Powerhouse Discharge Canal
Diversion Gages
E5 - Potter Valley Irrig CN E5 NR Potter Valley CA (11471105) E6 - Potter Valley Irrig CN E6 NR Potter Valley CA (11471106) E16 - Potter Valley PH Intake near Potter Valley CA (11471000) River Gages
E11 - Eel River at Van Arsdale Dam near Potter Valley CA (11471500) Leakage Weirs and Piezometers
Cape Horn Dam Leakage Weirs
PVP Proposal (July 31, 2023, updated August 3, 2023)

Page 3 of 12 ends

11.A.b
Packet Pg. 28
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter)

Project Facility/Feature
Cape Horn Dam Piezometers
Fish Screen and Associated Facilities
Van Arsdale Fish Screen Facility
Van Arsdale Fish Screen Facility Back-up Generator Building Van Arsdale Fish Screen Facility Motor Control Building Van Arsdale Fish Return Channel
Storage Building
Project Communication/Power Lines
Conduit No. 1, 72-inch Butterfly Valve House Communication Cape Horn Dam Control Building Communication/Power Line Fish Screen Facility Communication/Power Line
Tunnel No. 1 Slide Gate and Adit Communication/Power Line Penstock Nos. 1 and 2, 60-inch Stop Valves Communication/Power Line Helicopter Landing Sites
Potter Valley Powerhouse Helicopter Landing Site
Ancillary and Support Facilities
Potter Valley Powerhouse Operators Office
Potter Valley Powerhouse Maintenance Office
Potter Valley Powerhouse Operators Restrooms
Potter Valley Powerhouse Weather Station
(USACE owns a station, discuss fate outside process)
Project Facility Access Roads
Cape Horn Dam East Access Rd
Intake Access Rd
Penstock, Pipeline and Butterfly Valve House Access Rd
(Access for private landowner)
Powerhouse Main Access Rd
Project Facility Access Trails
Gage E11 Access Trail
Project Water Rights
The 1905 water right owned by PG&E that authorizes diversions from the Eel River Project Communication Line
Scott Dam Block Building Communication Line* - only if needed for E2 gage PVP Proposal (July 31, 2023, updated August 3, 2023)

Page 4 of 12 ends

11.A.b
Packet Pg. 29
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter)

Potter Valley Project Facilities and Features Partial Transfer – Open to Discussion Dam and Associated Facility/Features
Cape Horn Dam - condition of transfer requires more discussion. Either PG&E or Diverters will remove CHD pending discussions and PSA. The preliminary removal parameters are outlined in Attachment 3.

Cape Horn Dam Instream Flow Release - condition of transfer requires more discussion. Either PG&E or Diverters will remove CHD pending discussions and PSA. The preliminary removal parameters are outlined in Attachment 3.

Reservoir
Van Arsdale Reservoir - condition of transfer requires more discussion. Either PG&E or Diverters will remove CHD pending discussions and PSA. The preliminary removal parameters are outlined in Attachment 3.

Powerhouse, Switchyard, and Tailrace
Potter Valley Powerhouse Switchyard - distribution switchyard to be partitioned and retained by PG&E, Diverters would like to retain station service transformers and access to south side of powerhouse. Balance of switchyard can remain with PG&E or be transferred to Diverters, with easements granting access as needed to the other party.

Fish Ladder and Associated Facilities
Fish Attraction Facility - condition of transfer requires more discussion. Either PG&E or Diverters will remove CHD pending discussions and PSA. The preliminary removal parameters are outlined in Attachment 3.

PVP Proposal (July 31, 2023, updated August 3, 2023)

Page 5 of 12 ends

11.A.b
Packet Pg. 30
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter) Attachment 3.

Design Options for Eel-Russian Facility
Cape Horn Dam and Van Arsdale Reservoir will be substantially removed, although parts of foundations and the right abutment will be retained to provide the anchorage for diversion or passage elements. The details and extent of the removal will be further developed along with the design for the new diversion and fish screening facilities. Two alternatives are currently under consideration for CHD removal, and the current preliminary descriptions, are below. Preliminary drawings follow at the end of this attachment.

Alternative C1 – Control Section with Pump Station
Alternative C1 would include lowering a section of the concrete gravity portion of Cape Horn Dam from elevation 1,490.4 feet down to about 1,452.0 feet to create a control section, then fitting a pump station adjacent to the control section. The final height and dimensions of the control section, and the potential need for a bladder dam, are currently the subject of hydraulic modeling.

The portion removed would begin at the concrete retaining wall and would be relatively flat and would extend toward river left approximately 70 feet. At that point, the crest would slope downward at 3H:1V for 15 feet to reach an elevation of 1447.0. From there the remainder of the control section would continue at elevation 1,447.0 feet for another 15 feet. This latter portion of the control section would help ensure adequate flow depths at low flow, while the upper portion would provide adequate flow area for high flows. In total, the control section would be approximately 100 feet long and would pass all Eel River flows, except for those diverted. At the end of the control section a vertical section of the dam would remain up to elevation 1,477.0, beyond which the dam would slope at about a 3H:1V slope to match the existing crest elevation of 1,490.4 feet.

The section of dam lowered to elevation 1,477.0 feet would marry up with a new reinforced concrete pump station.

Due to the existing top elevation of the retaining wall at 1,519.0 feet and the proposed lowered dam crest elevation between 1,447.0 and 1,452.0 feet, the retaining wall would be 67 feet tall. Due to this excessive height and the concern for stability, the maximum elevation of the retaining wall is proposed to be lowered to elevation 1,472.0 feet, leaving a retaining wall that is approximately 20 feet tall. Lowering the retaining wall would require excavating out the earth fill portion of the dam down to an approximate elevation of 1,467.0 feet. This excavation will include partial demolition of the mass concrete core wall and possibly some of the reinforced concrete core wall. Rock riprap removed during earth fill excavation would then be re-placed and augmented with armor material to convert the earth fill portion of the dam to an auxiliary spillway. The auxiliary spillway would be activated at elevation 1,467.0 feet and would flow approximately 10 feet deep before overtopping the new lowered section of the dam and the intake pump station.

Alternative C1 includes lowering a 100-foot section of Cape Horn Dam by 38.4 and 43.4 feet. The new control section will include a 10-foot-wide low flow section set to elevation 1,447.0 feet that slopes up at 3H:1V to a 70-foot-long section set to elevation 1,452.0 feet. Downstream of the low flow section approximately 100 feet, the existing fish hotel and exclusion barrier would be removed down to elevation 1,446.0, with the area between the two vertical controls occupied by a deep pool.

And downstream of the lower fish hotel and exclusion barrier approximately 100 to 125 feet, an existing bedrock control maintains a riffle at an approximate elevation of 1,445.0 feet. From a fish passage perspective, upstream migrants would first encounter the existing plunge pool, followed by a maximum vertical drop of 1 foot at the former exclusion barrier. Just upstream, migrants would encounter another deep pool, followed by another maximum drop of 1 foot at the control section.

PVP Proposal (July 31, 2023, updated August 3, 2023)

Page 6 of 12 ends

11.A.b
Packet Pg. 31
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter)

Alternative C2 – Roughened Channel with Gravity Supply
Alternative C2 considers the complete removal of the concrete gravity portion of Cape Horn Dam and construction of a roughened channel and new diversion weir near the intake to the Van Arsdale Diversion facility. The length and dimensions of the roughened channel are currently the subject of hydraulic modeling.

Alternative C2 would include lowering the entire concrete gravity portion of Cape Horn Dam from elevation 1,490.4 feet down to about 1,457.5 feet. Roughly 100 feet downstream of the dam, the fish hotel and exclusion barrier would also be lowered, from a variable elevation down to about elevation 1,453.7 feet. The remainder of the concrete dam and fish hotel/exclusion barrier would maintain vertical control at those locations. Approximately 280 feet downstream of the exclusion barrier, vertical control is maintained at about 1,445.0 feet by an existing bedrock control. Between the downstream bedrock control and the fish hotel/exclusion barrier a roughened channel is proposed.

The roughened channel would resemble a boulder cascade, with very large rock material providing hydraulic complexity and channel stability sufficient to withstand extreme high flow events. A similar roughened channel would extend upstream of the dam approximately 420 feet, terminating at a sheet pile control weir with a maximum crest elevation set to 1,473.0 feet. The upstream sheet pile control weir would include a low flow section approximately 20 feet wide with a crest elevation of 1,470.0 feet.

The entire roughened channel would be approximately 800 feet long and would be about 10 to 15 feet deep on average. Areas on river left near the existing dam would likely not require hardening due to the presence of significant bedrock. The roughened channel would include a low flow corridor that matches the existing channel at the downstream terminus and matches the low flow section at the upstream control weir. The overall planform of the channel includes a single valley-wide bend with a radius of curvature of about 400 to 500 feet. The low flow corridor would include two smaller bends with a radius of curvature of approximately 80 to 100 feet. The slope of the roughened channel thalweg would be roughly 3.1 percent.

The upstream control weir would span the channel, connecting on river left to the existing diversion facility and on river right to a reinforced concrete extension of the existing dam wingwall. The wall extension would be approximately 150 feet long. The upstream control weir would serve as a backwater control for a modified diversion structure.

Dewatering and Construction Sequencing
Cape Horn Dam removal can take place either before or after Scott Dam removal. Hydraulic modeling currently underway will help to determine if removal before or after Scott Dam is preferred or advantageous. If Cape Horn Dam is removed prior to Scott Dam removal, the new diversion and conveyance facility to Potter Valley would be up and running when demolition begins on Scott Dam.

Also, delivery of water to Potter Valley could take place in the summer months, as under existing conditions, or in the winter and spring months, provided that infrastructure and operations are in place on the Russian River to accommodate the additional stored volume of water. However, there would be no way to control the short- and mid-term impacts due to sediment releases from Scott Dam. By comparison, constructing the new diversion and conveyance at Cape Horn Dam at some point after removal of Scott Dam would allow the Eel River to potentially reach a new equilibrium bed profile, or perhaps close, potentially mitigating some of the greater risks associated with sediment PVP Proposal (July 31, 2023, updated August 3, 2023)

Page 7 of 12 ends

11.A.b
Packet Pg. 32
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter) transport after Scott Dam removal. For this reason, it is assumed here that Cape Horn Dam removal activities and construction of a new diversion and conveyance system would take place after Scott Dam removal.

PVP Proposal (July 31, 2023, updated August 3, 2023)

Page 8 of 12 ends

11.A.b
Packet Pg. 33
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter) PVP Proposal (July 31, 2023 updated August 3, 2023) page 9 of 12 IU

VAN ARSDALE RD
SLOPE

EEL RIVER FLOW

BUNK HOUSE

AND FIELD OFFICE

LOWER FISH HOTEL
AND EXCLUSION A RIFFLE CONTROL BARRIER TO EL 1446.0 ~EL 1445.0

LOW FLOW SECTION
EL 1447.0 TOP OF DAM
EL 1490.3 SLOPE AT 3H:1V DEMO CAPE

PUMP STATION B HORN DAM
TO EL 1452.0 TOP OF STRUCTURE C
EL 1477.0

BURIED PRESSURE PG&E PROPERTY CONVEYANCE PIPE OR D

PRECAST BOX SECTIONS LOWER EXIST WINGWALL
TO MAX TOW EL 1472.0

PG&E PROPERTY

LOWER EARTHEN SECTION
TO MAX EL 1467.0

E VERTICAL CYLINDER

SCREEN MANIFOLD

VAN ARSDALE

DIVERSION FACILITY F

APPROX EDGE

EXIST TUNNEL A OF WATER
ALIGNMENT C-1-2
ALTERNATIVE C-1 PLAN0" 70' 140' SCALE: 1" = 70'

CALTROUT
WARNING POTTER VALLEY PROJECT FEASIBILITY STUDY 0 1/2 1 McMILLEN IF THIS BAR DOES NOT MEASURE 1" THEN JACOBS CAPE HORN DAM REMOVAL DRAWING IS NOT TO SCALE. ASSOCIATES ALTERNATIVE C-1 PLAN A KRJ DRAFT FEASIBILITY STUDY

REV DATE BY DESCRIPTION
07/14/21

11.A.b
Packet Pg. 34
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter) PVP Proposal (July 31, 2023 updated August 3, 2023) page 10 of 12 ----EG
I I
f I
l
I
I I 7
1 1 7 I I I I I I I I
~ 7 I I I I 7
I~ I I I I I : i ~ 1' ! I I !
I
l 7
11 D
_/
1-- EG -- EG -L EG~ EG -~ EG -E
\__
G-_EG-E
G-_
1:,G EG- EG-fl ----- rn-EG-EG "'
~~ C
c" / li ,U " a ------ : ,;
\
'k, "'F-"' I. 7 71 I ·• 7 ,- ,.. ~
- !--
_J
,-
Li - ,-
- -,-
1,~ w
ks ~
.. WS --- WS-ws -- ws-ws----'
'-
'- '-
\ I I I \_ I I
8 IU

EXISTING GROUND
(BEYOND)

APPROX PROFILE

EXISTING GROUND

VERTICAL TURBINE PUMP
(TYPE OF 3 TO 5)

EXISTING TUNNEL
IE 1463.6

DEMOLISH EXISTING

FISH SCREEN, AIR

BURST SYSTEM, AND

APPURTENANCES

PIPE OR PRECAST

BOX SECTIONS
(BEYOND)

INTAKE PUMP STATION
TOW EL 1477.0

BACKUP INTAKE

SCREEN BLOCKOUT
(NORMALLY COVERED)

SHEETPILE

CUTOFF WALL

EXISTING DAM
(BEYOND)

RETAIN OR REMOVE

EXISTING FISH LADDER
(BEYOND)

POSSIBLE

EQUILIBRIUM SLOPE

POST-PROJECT

VERTICAL CONTROL SECTION
EL 1447.0

EXISTING DAM

FOUNDATION

KING PILE

IF NEEDED VERTICAL

CYLINDRICAL SCREEN
(TYP OF 7)

APPROX PROFILE

EXISTING BEDROCK
700 600 500 400 300 PILE FOUNDATION
IF NEEDED 200 100

SECTION A
SCALE: HORIZ 1"= 30' 0" 30' 60' C-1-1
VERT 1"= 10' 0" 10' 20'

REV DATE BY DESCRIPTION
07/14/21

11.A.b
Packet Pg. 35
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter) PVP Proposal (July 31, 2023 updated August 3, 2023) page 11 of 12 IU

VAN ARSDALE RD
S=3.5%

EEL RIVER FLOW

BUNK HOUSE

AND FIELD OFFICE

BEGIN ROUGHENED

CHANNEL CONTROL
EL ~1445.0

A E OPTIONAL INTERMEDIATE

GRADE CONTROL
DEMO FISH EXCLUSION C BARRIER/HOTEL TO EL 1453.7

LOWER EXIST

WINGWALL TO MAX
TOW EL 1477.0
DEMO CAPE HORN DAM B TO EL 1457.5

PG&E PROPERTY PG&E PROPERTY

OPTIONAL INTERMEDIATE E GRADE CONTROL

EARTHFILL SECTION

F WINGWALL EXTENSION

LOW FLOW

EDGE OF WATER

WALL CONNECTION
WEIR CREST EL 1477.0
VAN ARSDALE DIVERSION WEIR DIVERSION FACILITY D CREST EL 1473.0

LOW FLOW

SECTION CREST
EL 1470.0

VERTICAL CYLINDER G SCREEN MANIFOLD APPROX EDGE

OF WATER EXIST TUNNEL

ALIGNMENT

LOCALIZED

EXCAVATION
A
C-2-2
ALTERNATIVE C-2 PLAN0" 70' 140' SCALE: 1" = 70'

REV DATE BY DESCRIPTION
07/14/21

11.A.b
Packet Pg. 36
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter) PVP Proposal (July 31, 2023 updated August 3, 2023) page 12 of 12 =""""""-8
IU
4'-5"

STEEL STAIRWAY
FINISH GRADE 140'-0"

STEEL STAIRWAY VAN ARSDALE

DIVERSION FACILITY
(BEYOND)
EL 1506.0

NEW CONC SHEET PILE CONTROL
BULKHEAD WALL WEIR CREST EL 1495.0 7' DIA, 6' TALL

VERTICAL CYLINDER
SCREEN, TYP OF 7 SHEET PILE CONTROL
WEIR CREST EL 1473.0
EXIST POTTER EL 1475.0 LOW FLOW SECTION VALLEY TUNNEL
IE 1467.0, TYP 3' DIA INTAKE PIPE BOTTOM OF EL 1463.6± PENETRATION, GUIDANCE WALL TYP OF 7

KING PILE, TYP (NUMBER

AND LENGTH TBD)
SECTION A 0' 16' 32' C-2-1 SCALE: 1/16"= 1'-0"

REV DATE BY DESCRIPTION
07/14/21

11.A.b
Packet Pg. 37
Attachment: PVP Proposal (2023-08-03) (PVP Proposal Support Letter) NOTE: LOGOS OF ALL AGENCIES THAT SIGN-ON WILL BE INCLUDED AT THE TOP OF THE LETTER Date
The Honorable FIRST & LAST NAME
Address
Subject: Water Suppliers’ Support for New Eel-Russian Facility Dear TITLE LAST NAME,
Water suppliers in Sonoma, Mendocino and Marin counties strongly support the Proposal submitted to Pacific Gas and Electric Company (PG&E) by the Mendocino County Inland Water and Power Commission, Round Valley Indian Tribes, and the Sonoma County Water Agency (Sonoma Water), which advances a regional solution for preserving flows and fisheries in the Russian River and improving Eel River fisheries.

PG&E plans to decommission its Potter Valley Hydroelectric Project, and in the absence of a proposal, end water diversions from the Eel River into the Russian River. The Proposal seeks to maintain these diversions while not delaying PG&E’s plans to remove Scott Dam and Cape Horn Dam. The proposed New Eel-Russian Facility would provide for effective and timely fish migration past the new diversion facilities while allowing water to be transferred to the Russian River when flows are high enough in the Eel River. These diversions are critical to the health of the Russian River watershed, to ongoing water supply for numerous communities in Sonoma, Mendocino and Marin counties, and to Russian River fisheries. Based on records from 1911-2017, without the Potter Valley Diversion, Lake Mendocino would have gone dry 56 out of 108 years (unless intervening measures were taken).

Russian River water users have made significant strides in reducing water use, improving water use efficiency, and developing alternative supplies (for example, Sonoma Water and its retail water customers take nearly 40 percent less water from the Russian River than they did 20 years ago, despite a growing population). However, halting the diversions, even temporarily, would directly threaten the drinking water supply for more than 97,000 people living in Russian River communities -- and would make the drinking water supply for 600,000 additional people less reliable.

The lack of diverted water would cause tens of millions of dollars of economic damage per year, result in drastic conservation measures and increased water rates, curtail needed new housing, and increase the region’s vulnerability to droughts, wildfires and climate change.

For these reasons, Sonoma, Mendocino and Marin county water suppliers hope that we can count on your support of the Proposal now, through the regulatory process, and as the Proposal proponents seek state and federal funding for completing the project design, environmental review and, ultimately, construction.

Thank you for your consideration,

11.A.c
Packet Pg. 38
Attachment: Joint letter of support New Eel-Russian Facility Proposal (PVP Proposal Support Letter) NAMES

TITLES, AGENCY REPRESENTED

11.A.c
Packet Pg. 39
Attachment: Joint letter of support New Eel-Russian Facility Proposal (PVP Proposal Support Letter) Federal and State Legislative Representatives
The Honorable Mike Thompson
United States House of Representatives
2300 County Center Drive
Santa Rosa, CA 95403
Dear Mr. Thompson
The Honorable Jared Huffman
United State House of Representatives
999 Fifth Ave.

San Rafael, CA 95901
Dear Mr. Huffman
------------------------------------------------------------------------------------------- The Honorable Mike McGuire
50 D Street, Suite 120A
Santa Rosa, CA 95404
Dear Senator McGuire
The Honorable Bill Dodd
50 D Street, Suite 300
Santa Rosa, CA 95404
Dear Senator Dodd
The Honorable Cecilia Aguiar-Curry
2721 Napa Valley Corporate Drive
Napa, CA 94558
Dear Assemblymember Aguiar-Curry
The Honorable Jim Wood
50 D Street, Suite 450
Santa Rosa, CA 95404
Dear Assemblymember Wood
The Honorable Damon Connolly
50 D Street, Suite 301
Santa Rosa, CA 95404
Dear Assemblymember Connolly

11.A.c
Packet Pg. 40
Attachment: Joint letter of support New Eel-Russian Facility Proposal (PVP Proposal Support Letter) 10/19/2023
1 Presented by: Craig A. Scott, Public Works Director/City Engineer October 24, 2023
Consideration of Support Letter
For Sonoma Water’s Eel-Russian
Diversion Project Proposal
AD0

POTTER VALLEY

PROJECT (PVP)
Owned and operated by Pacific Gas & Electric Co.
for over 100 years
Prior to 2007, an average of 150,000 acrefeet (AF) of water annually was transferred from the Eel River to the Russian River
Between 2007 and 2021 the transfer averaged
about 60,000 AF per year
The diverted water is critical to upper Russian
River water users
The diverted water also helps SW maintain minimum
river flows as required by Decision 1610.

Flows for power generation increased significantly
with installation of Scott Dam
Photo from Sonoma Valley Sun Website
1 2

11.A.d
Packet Pg. 41
Attachment: Presentation (PVP Proposal Support Letter)
10/19/2023
2 PROJECT FERC LICENSE TIMELINE
PG&E operates the hydro
electric Project under a
FERC power and water
diversion license.

In 2016, PG&E began
holding public meetings
regarding relicensing
FERC license.

In 2018, PG&E announced
its intention to surrender
the FERC license.

Sonoma Water engagement
Jarred Huffman’s 2-Basin Solution Partnership* • 2-Basin Members: Cal Trout, Humboldt Co., Mendo Co.Inland Water & Power Comm,
Round Valley Indian Tribes, Sonoma Water

PROJECT FERC LICENSE TIMELINE
In April 2022, FERC issued a
notice for continued operations
under a license renewed
annually.

On July 8, 2022, PG&E filed
with FERC a plan and schedule
to submit a license surrender
application.

On July 29, 2022, FERC
approved PG&E’s plan and
schedule and surrender plan is
expected to be filed with FERC
by January 2025.

Sonoma Water engagement
Sonoma
Water
Submits
Proposal
3 4

11.A.d
Packet Pg. 42
Attachment: Presentation (PVP Proposal Support Letter)
10/19/2023
3 PG&E FERC LICENSE SURRENDER AND DECOMMISSIONING
PLAN (TO MEET FERC 1/2025 DEADLINE)
November
2023
Initial Draft
May 2024
Final Draft
January 2025
Final

RUSSIAN
RIVER
IMPACTS –
NO

DIVERSION
Lake Mendocino
 water shortages in 8 out of
10 years
predicted to go dry about 5 out of
10 years
Estimated Economic losses in the tens
of millions
Process could take 20-30 years until
diversion ends*
Dam Decommissioning
Legal agreements and regulatory
permits
* Source: Sonoma Water Staff.
5 6

11.A.d
Packet Pg. 43
Attachment: Presentation (PVP Proposal Support Letter)
10/19/2023
4 PROPOSAL

SUBMITTED

TO PG&E
• Sonoma Water, Mendocino County
Inland Water and Power Commission,
Round Valley Indian Tribe
• If proposal accepted, proponents
would:
• Form a JPA as a Regional Entity
• Convene a table to negotiate a
settlement agreement
• Develop the financial capacity for
ownership, construction, and
operation of the Facility
• Agree with PG&E on terms for a
Purchase and Sale Agreement
• Acquire and modify the PVP's water
diversion facilities and construct a
New Eel-Russian Facility

SHORT TERM

KEYS TO

SUCCESS
(BEFORE

JANUARY
2025)
Form Interim Regional Entity
Agreement on terms for a purchase and
sale agreement and settlement
agreement
Financial Capacity
 Russian River Water Rights Holders
 Capital Funding
 Operations and Maintenance Funding
 Cost for Water Supply Reliability
7 8

11.A.d
Packet Pg. 44
Attachment: Presentation (PVP Proposal Support Letter)
10/19/2023
5 LONG

TERM KEYS
TO

SUCCESS
(AFTER

JANUARY
2025)
Incremental/evolutionary changes to
the regional entity and business plan
Advocacy and education
Securing state and federal funding
for construction
Successful facility modification

REQUESTED

SUPPORT
Support the proposal through
Letters to state and federal legislative delegation
Informing constituents
Sharing opportunities to educate the community
Sonomawater.org/RegionalPartnership
9 10

11.A.d
Packet Pg. 45
Attachment: Presentation (PVP Proposal Support Letter)
Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Approving a Land Acknowledgment Statement for City Website, a Statement for City Council Meetings, and a Resolution Updating the City Council Rules Date: October 24, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt: 1. a motion approving a Land Acknowledgment statement, to be publicly displayed on the City website and in City Hall; 2. a motion approving a separate statement to be read at regular City Council meetings; and 3. a resolution approving the indicated changes to the City Council Rules.

Background
A Land Acknowledgement is a formal statement that recognizes and respects Indigenous Peoples as traditional stewards of this land and the enduring relationship that exists between Indigenous Peoples and their traditional territories. In practice, Land Acknowledgement Statements are often used to open events or ceremonies.

In Sonoma County, staff could find two examples of Land Acknowledgment statements by municipal or county government. The City of Rohnert Park includes a land acknowledgment on every City Council agenda. The Mayor reads the statement at the start of every meeting, immediately after the Call to Order, as follows:
“READING OF THE LAND ACKNOWLEDGMENT
The City of Rohnert Park acknowledges Indigenous Peoples as the traditional stewards of the land. Let it be acknowledged that the City of Rohnert Park is located within the traditional homelands of the Federated Indians of Graton Rancheria, comprised of Coast Miwok and Southern Pomo peoples.”

11.B
Packet Pg. 46
The County of Sonoma took a different approach and includes a longer Land Acknowledgment on their website.
“The County of Sonoma recognizes that we’re on the ancestral lands of the Coast Miwok, Pomo, and Wappo who are the original caretakers of this area. We respectfully acknowledge the Indigenous peoples who have been stewarding and maintaining relationship on this land as knowledge keepers for millennia.

The County of Sonoma is dedicated to understanding and educating the public about historical and ongoing connections between land conservation and social inequities. This includes the histories of genocide, forced removal and displacement and broken promises with Indigenous peoples as a part of American history.

Indigenous people are not just in our histories. We strive to optimize Indigenous voices to share their own history, as to not perpetuate another form of being silenced. While recognizing the past, we honor the resiliency of Native people still in their ancestral territories in relationship with their land and culture.

This acknowledgement does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.” On October 10, 2023, the City Council discussed the proposed Land Acknowledgment. The City Council had no edits for the text of the proposed land acknowledgment statement, but requested that it be framed and hung in the City Council Chambers and that staff also develop a separate shorter statement for the City Council agenda that can be read at the start of each regular City Council meeting.

Analysis/Discussion
In conversation with the CEO of the Progressive Tribal Alliance, the feedback received was a preference for a positive land acknowledgment that emphasized respect, education, and collaboration, rather than a perfunctory statement or one that is mostly backward looking. For these reasons, the preference was for a longer more substantive Land Acknowledgement available on the City website as a first step in future collaborations. In a follow up discussion following the October 10, 2023 City Council meeting, staff confirmed that the Progressive Tribal Alliance had no objection to also including a statement in the regular City Council agenda.

11.B
Packet Pg. 47
To create a new agenda item, it is necessary to update the City Council rules. This update is indicated in redline/strikeout on the City Council rules attached to the resolution.

Staff recommend the following Land Acknowledgement statement (unchanged from the October 10, 2023 version), posted on the City website:
“The City of Cotati recognizes that we’re on the ancestral lands of the Coastal Miwok, who are the original caretakers of this area. We respectfully acknowledge the Indigenous peoples who have been stewarding and maintaining a relationship on this land as knowledge keepers for millennia.

The City of Cotati is dedicated to understanding and educating the public about the historical and ongoing connections between the land and culture of indigenous communities that were the original inhabitants.

We encourage indigenous members of our community to share their history, customs and values with other community members to help build understanding. While recognizing the past injustices, we honor the resiliency and spirit of our Native community and their ability to continue to live and thrive on their ancestral lands, as well as continuing to practice their cultural ceremonies and practices.

This acknowledgement does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.” To be appropriate for a City Council agenda, a shorter version was developed for City Council consideration, as indicated in italics below. This would be placed on the agenda immediately following the City Council Roll Call.
“Land Acknowledgment
The City of Cotati recognizes that we’re on the ancestral lands of the Coastal Miwok, who are the original caretakers of this area. We respectfully acknowledge the Indigenous peoples who have been stewarding and maintaining a relationship on this land as knowledge keepers for millennia. This acknowledgement does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.”

11.B
Packet Pg. 48
Regarding the tribe(s) that occupied the area now known as the City of Cotati, staff requested additional clarification from the Progressive Tribal Alliance. The response was, “Cotati is on the ancestral lands of the Coast Miwok and the territorial lands of the Miwok and Southern Pomo.

The difference being the area is Miwok, but was also used and visited by the Pomo.” Given that the land acknowledgment statement correctly cites Cotati as the ancestral lands of the Coastal Miwok and that the land acknowledgment was reviewed in advance by the CEO of the Progressive Tribal Alliance, staff did not alter the land acknowledgment statement.

To place a new standing item on the City Council agenda, the current City Council rules need to be amended. The resolution accompanying this report includes amended City Council rules, which would effectuate the addition of a standing land acknowledgement.

Financial Considerations
Adopting a Land Acknowledgment statement does not create a financial impact to the City.

11.B
Packet Pg. 49
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI UPDATING THE

CITY COUNCIL RULES
WHEREAS, the California Government Code Section 36813 establishes the prerogative for City Councils to establish rules for the conduct of its proceedings; and WHEREAS, Cotati Municipal Code Section 2.04.040 further establishes that the City Council may, by resolution, provide for rules and regulations governing the procedures to be followed in any regular or special meeting of the council; and WHEREAS, it is common in local government to establish rules to govern public proceedings; and
WHEREAS, the existing City Council Rules was adopted by Resolution 2021-25 on May 25, 2021; and
WHEREAS, it is common practice to update City Council Rules over time as needed; and
WHEREAS, the action of adopting City Council Rules does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati does hereby adopt the update to the City Council Rules attached hereto and incorporated herein by reference; and
BE IT FURTHER RESOLVED THAT the previously adopted City Council Rules (Policy 2021-01), shall have the attached updates incorporated.

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 October 24th, 2023, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:

City Council Rules Policy CC 2021-01 Redline (DOCX)
Packet Pg. 50

CITY COUNCIL RULES OF CONDUCT
These rules are established under the authority provided for in Cotati Municipal Code Section 2.04.040 and Government Code Section 36813.

Table of Contents
I. City Council Meetings...............................................................................................................1 A. Schedule and Location...............................................................................................................1

1. Regular Meetings...................................................................................................................1

2. Adjourned Meetings..............................................................................................................1

3. Cancellation of Regular Meetings.........................................................................................1

4. Special Meetings and Emergency Meetings.........................................................................1

5. Closed Sessions.....................................................................................................................1

6. Location during Local Emergency........................................................................................2

7. Holidays.................................................................................................................................2 B. Remote Attendance of Councilmembers Meetings..................................................................2 C. Quorum................................................................................................................................ 2 D. Attendance by the Public...........................................................................................................2 E. Agenda Packets..........................................................................................................................2 F. Meeting Minutes........................................................................................................................3

1. Action Minutes......................................................................................................................3

2. Reading of the Minutes.........................................................................................................3

3. Approval of Minutes .............................................................................................................3

4. Recordings of Meetings ........................................................................................................3 II. CITY COUNCIL OFFICERS .....................................................................................................................3 A. Election of Council Officers......................................................................................................3 B. Role of Mayor............................................................................................................................3

1. Absence of Mayor............................................................................................................ 3

2. Mayor and Vice Mayor Absence ..........................................................................................3 C. Powers and Duties of the Mayor...............................................................................................4

1. Authority................................................................................................................................4

2. Special or Emergency Meetings............................................................................................4 i

11.a
Packet Pg. 51
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment) ii

3. External Communication.......................................................................................................4

4. Seating Arrangement for City Council............................................................................. 4

5. Signing of Documents...........................................................................................................4

6. Sworn Testimony and Subpoenas.........................................................................................4 D. Councilmember Appointments and Assignments....................................................................5 E. Council Vacancy.............................................................................................................. 5 II. ORDER OF BUSINESS..............................................................................................................................5 A. General Order ............................................................................................................................5 B. Agenda Setting...........................................................................................................................6 C. Matters Not on the Agenda .......................................................................................................6 D. Action Agenda Items...................................................................................................................... 7 E. Presentations..............................................................................................................................7 F. Citizens Business.......................................................................................................................7 G. Consent Calendar.......................................................................................................................7 H. City Councilmember Reports....................................................................................................7 I. Time Management and Adjournment.......................................................................................7 III. RULES OF CONDUCT..............................................................................................................................8 A. Rosenberg’s Rules.....................................................................................................................8 B. Rules of Decorum ................................................................................................................ 8 C. General Agenda Item Process .............................................................................................. 8 D. Obtaining the Floor....................................................................................................................9 E. Introducing a Motion.................................................................................................................9 F. Multiple Motions Before the Council.......................................................................................9 G. Types of Motions.......................................................................................................................9 H. Council Privilege, Order and Convenience ............................................................................11 I. Rescind, Repeal, or Annul.......................................................................................................12 J. Reading of Ordinances and Resolutions.................................................................................12 K. Voting.............................................................................................................................................. 12

1. Tie Votes..............................................................................................................................12

2. Changing Vote ............................................................................................................... 12 L. Conflict of Interest...................................................................................................................13 M. Serial Meetings....................................................................................................................13

11.a
Packet Pg. 52
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment) ii
IV. ADDRESSING THE CITY COUNCIL ...................................................................................................13 A. Written Communications....................................................................................................13 B. Closed Session.....................................................................................................................14 C. Disability Accommodation .................................................................................................14 D. Councilmembers’ Comments..............................................................................................14 E. Speaker Cards......................................................................................................................14 F. Council Interaction with Public ..........................................................................................15 G. Time Allocation for Public Comment and Presentations...................................................15 H. Speakers Location................................................................................................................16 I. Repetitious or Dilatory Comments Discouraged................................................................16 V. PUBLIC HEARINGS................................................................................................................................17 A. General Procedure ...................................................................................................................17 B. Continuance of Hearings.........................................................................................................17 C. Public Discussion at Hearings......................................................................................................17

1. Public Member Request to Speak................................................................................... 17

2. Council Questions of Speakers...........................................................................................18

3. Due Process .........................................................................................................................18

4. Public Oral Presentations....................................................................................................18

5. Materials for Public Record ................................................................................................18

6. Germane Comments............................................................................................................18 D. Communications and Petitions................................................................................................18 E. Admissible Evidence...............................................................................................................18 VI. NON-MEETING ACTIVITIES................................................................................................................19 A. Study/Work Session.................................................................................................................19 VII. COUNCILMEMBER COMMITTEES AND SUBCOMMITTEES.......................................................19 A. Purpose.....................................................................................................................................19 B. Appointment ...................................................................................................................................19 C. Conflict of Interest...................................................................................................................19 D. Councilmember Committee and Subcommittee Meetings.......................................................19 E. Committee Recommendations................................................................................................20 F. Staffing.....................................................................................................................................20 VIII. CITY BOARDS, COMMISSIONS, AND COMMITTEES...................................................................20

11.a
Packet Pg. 53
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment) 4 A. Appointments to City Boards, Commissions, and Committees.............................................20 B. Policy for Service on City Boards, Commissions, and Committees......................................20

1. Role......................................................................................................................................20

2. Conflict of Interest...............................................................................................................21 IX. COUNCILMEMBER ADMINISTRATIVE SUPPORT.........................................................................21 A. Council Mail ............................................................................................................................21 B. Council Correspondence .........................................................................................................21 C. Councilmember Participation in Community Activities........................................................21 D. Correspondence Responding to Proposed State or Federal Legislation................................21 E. Clerical Support.......................................................................................................................22 F. Master Calendar.......................................................................................................................22 G. Requests for Research or Information ....................................................................................22 X. CITY COUNCIL CODE OF ETHICS......................................................................................................22 A. Preamble ..................................................................................................................................23 B. Act in the Public Interest.........................................................................................................23 C. Comply with the Law......................................................................................................... 23 D. Conduct of Members...............................................................................................................23 E. Respect for Process..................................................................................................................23 F. Conduct of City Meetings........................................................................................................24 G. Decisions Based on Merit........................................................................................................24 H. Communication........................................................................................................................24 I. Conduct with City Staff...........................................................................................................24 J. Disclosure of Corruption .........................................................................................................25 K. Conflict of Interest...................................................................................................................25 L. Gifts and Favors.......................................................................................................................25 M. Confidential Information.....................................................................................................26 N. Use of Public Resources..........................................................................................................26 O. Representation of Private Interests..........................................................................................26 P. Advocacy .................................................................................................................................26 Q. Improper Influence ..................................................................................................................26 R. Policy Role of Members..........................................................................................................26 S. Positive Work Environment....................................................................................................26

11.a
Packet Pg. 54
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment) 5 T. Implementation........................................................................................................................27 U. Attendance at Meetings and Events........................................................................................27 V. Compliance and Enforcement .................................................................................................27 XI. . FAILURE TO OBSERVE COUNCIL RULES .......................................................................................27 XII. INCONSISTENCIES.................................................................................................................................28 XIII. EVERABILITY........................................................................................................................................28

11.a
Packet Pg. 55
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 1 of 33 ends

I. City Council Meetings
A. Schedule and Location

1. Regular Meetings
Regular Meetings of the Council will be held the second and fourth Tuesday of each month commencing at 6:00 p.m. in the City Council Chamber, Cotati City Hall, 201 W. Sierra Avenue, Cotati, California, unless an alternate date, time and location within the City is stated in the published Agenda in accordance with Section 2.04.020 of the Cotati Municipal Code (CMC) and the applicable Government Code.

2. Adjourned Meetings
The Council may adjourn any regular, or special meeting, to a time and place specified in the order of adjournment pursuant to the procedures set forth in the Brown Act.

3. Cancellation of Regular Meetings
Any meeting of the Council may be canceled in advance by a majority vote of the Council.

4. Special Meetings and Emergency Meetings
Special meetings and emergency meetings of the Council may be called and held from time to time pursuant to the procedures set forth in Section

2.040.030 of the CMC and the Ralph M. Brown Act (Government Code sections 54950, et seq.) (the “Brown Act”). A special meeting is any meeting that is held outside the regular time or location.

5. Closed Sessions
Consistent with the Brown Act, the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.
a. The City Council may exclude from any such closed session any person or persons which it is authorized by State law to exclude from such closed sessions.
b. The topic for consideration will be stated in an open meeting before such session is held in accordance with the Brown Act. The public may comment on the closed session item prior to adjournment to closed session.

11.a
Packet Pg. 56
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 2 of 33 ends

c. Minutes of closed sessions shall be recorded and shall be confidential in accordance with Chapter 2.04 of the CMC. Councilmembers may not reveal the nature of discussion or the decision from a closed session unless required by law or unless a majority of the Council agrees in closed session to disclose confidential closed session information, except that the Council must unanimously agree to divulge any confidential closed session information that is attorney/client privileged communications.

6. Location during Local Emergency
If, by reason of fire, flood, or other emergency, it will be unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or, if the Mayor does not so designate, by the Vice Mayor or City Manager.

7. Holidays
When any regular meeting falls on a day designated as a holiday by the City, the regularly scheduled meeting for that day will be deemed canceled unless otherwise provided by the Council.

B. Remote Attendance of Councilmembers Meetings
Any Councilmember who participates remotely will take all necessary steps to comply with the provisions of the Brown Act related to remote City Council meeting participation.

C. Quorum
A majority of the Council will constitute a quorum, but a lesser number may adjourn a meeting.

D. Attendance by the Public
Except as specifically provided by law for closed sessions, all meetings of the Council will be open and public in accordance with the terms, provisions, and exceptions consistent with the Brown Act.

E. Agenda Packets
The City Council agenda packet, including all reports, communications, ordinances, resolutions, contracts, documents that are available, or other matters to be considered by the City Council at the regular meeting, will be delivered to members of the City Council no later than 72 hours preceding the Tuesday Council meeting to which the agenda packet pertains. Agenda packets for special meetings will be delivered to members of the City Council no later than 24 hours preceding the date and time set for the special meeting. The agenda packet will be made available for public inspection upon its distribution to the City Council.

11.a
Packet Pg. 57
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 3 of 33 ends

F. Meeting Minutes

1. Action Minutes
Minutes of Council meetings will be action minutes. Action minutes will include final motions with votes. The minutes will also reflect the names of public speakers. The City Clerk will have exclusive responsibility for preparation of the minutes and directions for corrections to the minutes will be made by majority action of the City Council.

2. Reading of the Minutes
Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without reading if the City Clerk has previously furnished the draft minutes in the City Council meeting packet.

3. Approval of Minutes
Draft minutes of meetings are generally submitted to the Council for approval with the agenda packet. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.

4. Recordings of Meetings
Recordings of proceedings are maintained by the City Clerk for a period of 2 years, or as provided for in the currently adopted record retention schedule.

II. CITY COUNCIL OFFICERS
A. Election of Council Officers
The Mayor and Vice Mayor will be elected by a majority vote of a quorum of the City Council. The City Council shall consider the election of the Mayor and Vice Mayor for one (1) year terms at the first regular meeting in December of each year, following the certification of election results and seating of new City Councilmembers, if applicable. The newly appointed Mayor and Vice Mayor positions will be effective on January 1, each year.

B. Role of Mayor
The Mayor is the Presiding Officer at all meetings of the City Council, except as provided below:

1. Absence of Mayor
The Vice Mayor will act as Presiding Officer in the absence of the Mayor.

2. Mayor and Vice Mayor Absence
When the Mayor and the Vice Mayor are absent from any meeting of the Council, the Councilmember most recently Mayor will act as Mayor pro tem,

11.a
Packet Pg. 58
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 4 of 33 ends

and that person will, for the duration of the meeting, have the powers of the Mayor.

C. Powers and Duties of the Mayor

1. Authority.

The Mayor or Presiding Officer has authority and discretion to preserve order at all Council meetings. This includes the authority to remove any person that presents a physical threat to any other person in the Council meeting, or for conduct that disrupts the meeting to prevent the orderly prosecution of the City’s business. The Presiding Officer also has the authority and discretion to enforce these rules of the Council and to determine the order of business. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the motion in good faith.

2. Special or Emergency Meetings.

The Mayor may call special or emergency meetings of the City Council, in accordance with the requirements of the Brown Act, Government Code Section 51950, et seq. (see also A. Schedule and Location, page 1, herein).

3. External Communication.

The Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office.

4. Seating Arrangement for City Council
The Mayor will, following each Council election of officers and at such other time as the Mayor deems it necessary, establish the seating arrangement of the members of the Council. The Vice Mayor will always be seated immediately next to the Mayor.

5. Signing of Documents
The Mayor will sign all ordinances, resolutions, and other documents necessitating his/her signature, which were adopted by a quorum of the City Council, unless signature authority has been delegated in the adopting action.

6. Sworn Testimony and Subpoenas
The City Clerk will administer oaths and affirmations, take affidavits, and certify them under his/her hand. In the absence of the City Clerk, the Mayor may have the same powers pursuant to California Government Code section

11.a
Packet Pg. 59
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 5 of 33 ends

1343373v1A 80078/0012
40603. In addition and pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant.>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
D. Councilmember Appointments and Assignments
The City Council confirms, by a majority vote, Councilmember assignments to outside agencies, committees, taskforces and liaison roles.

E. Council Vacancy
Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512.

II. ORDER OF BUSINESS
A. General Order
The business of the Council at its meeting shall be generally conducted in accordance with the following order of business. Prior to publishing the written Agenda, the Mayor and the City Manager may reorder the draft agenda. At the City Council meeting, the Presiding Officer may, with the concurrence of a majority of the Councilmembers present, reorder items on the agenda to accommodate the public or to address other concerns:

1. REPORT OUT OF CLOSED SESSION (AS NEEDED)

2. CALL TO ORDER

3. ROLL CALL

4. LAND ACKNOWLEDGMENT

4.5.PLEDGE OF ALLEGIANCE

5.6.APPROVAL OF MINUTES AND NOTICE OF WAIVING READING

6.7.RECEPTION (AS NEEDED)

7.8.ANNOUNCEMENTS

8.9.HONORARY MAYOR (AS NEEDED)

9.10. PROCLAMATIONS (AS NEEDED)

10.11. PRESENTATIONS (AS NEEDED)

11.12. APPROVAL OF FINAL AGENDA

12.13. CITIZENS’ BUSINESS

13.14. CONSENT CALENDAR

14.15. DIRECTION ON FUTURE AGENDA ITEMS
Formatted: Not Expanded by / Condensed by

11.a
Packet Pg. 60
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 6 of 33 ends

1343373v1A 80078/0012

15.16. PUBLIC HEARINGS (AS NEEDED)

16.17. REGULAR AGENDA

17.18. CORRESPONDENCE AND PENDING LEGISLATION

18.19. REORGANIZATION OF THE CITY COUNCIL (AS NEEDED)

19.20. CITY MANAGER’S REPORT

20.21. CITY COUNCILMEMBER REPORTS

21.22. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

22.23. ADJOURNMENT (TO CLOSED SESSION AS NEEDED)
B. Agenda Setting
The City Council Agenda is set by the Mayor in consultation with the City Manager. Individual City Councilmembers can request to have an item placed on the agenda during Direction on Future Agenda Items. Unless there is an objection to the item by a Councilmember, the Mayor and City Manager can mutually agree to place the item on the agenda at a future date, or will refer the item to the full Council for a determination on whether or not to include the item on a future City Council agenda. A vote of a majority of a quorum of the Council will qualify an item to be placed on a future agenda at a date to be set by the Mayor in consultation with the City Manager. To the extent possible, Councilmembers should identify items they would like to see included on City Council agendas through the City's annual Strategic Planning process, as new work may displace other work programmed through Strategic Planning.

C. Matters Not on the Agenda
Pursuant to the Brown Act, no action or discussion shall be undertaken on any item not appearing on the posted agenda, except that Councilmembers or staff may briefly respond to statements made or questions posed by persons exercising their public comment rights under Government Code Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. In accordance with Government Code Section 54954.2(b), the City Council may take action on items of business not appearing on the posted agenda under any one of the conditions below:

1. Upon determination of a majority vote of the Councilmembers present that an emergency situation exists, as defined by Section 54965.5 of the Government Code, or

2. Upon determination by a two thirds vote of the City Councilmembers present, or if less than two-thirds of the Councilmembers are present, a unanimous vote of the members present, that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted; or

3. The item was posted on an agenda for a prior City Council meeting occurring not more than five calendar days prior to the date action is taken

11.a
Packet Pg. 61
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 7 of 33 ends

1343373v1A 80078/0012
on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

D. Action Agenda Items
In accordance with the Brown Act, at a regular meeting the Council may not take action on any item that did not appear on the posted Council agenda 72 hours prior to the Council meeting unless an exception is made as permitted under Government Code section 54954.2.

E. Presentations
All presentations will be calendared through the City Clerk in coordination with the City Manager. Presentations shall be provided to the City Clerk in their final form no later than 5 business days prior to the City Council meeting. The length of presentations will be managed through the agenda setting process by the Mayor and the City Manager, and by the Mayor during the meeting.

F. Citizens Business
In compliance with Government Code Section 54954.3, Public Comments is that portion of City Council meetings set aside for members of the public to address the City Council on items within the subject matter jurisdiction of the City of Cotati that are on the Consent Calendar or any item or items not listed on the Council agenda. The Council cannot take action on any item not appearing on the agenda unless action is authorized as described herein.

G. Consent Calendar
Only a member of the Council can pull an item off of the consent calendar. With the concurrence of a majority of the Council, agenda items removed from the consent calendar by Councilmembers will be considered on the Regular Agenda.

Members of the public shall comment on any consent items as an additional comment period during the Citizens Business portion of the meeting. Any City Council discussion of an item will require the pulling of the item from the consent calendar, and will include an opportunity for the public to comment on that item.

H. City Councilmember Reports
This time is set aside to allow members of the Council serving on Council subcommittees and regional boards, commissions or committees to present a brief verbal report to the full Council on the activities of the respective boards, commissions or committees upon which they serve, as well as other activities and events of interest to the Community. This is also when Councilmembers may fulfill their obligation to report on activities conducted at City expense. No extended discussion or action may be taken on these reports.

I. Time Management and Adjournment
The Council will not hear any new agenda items past 11:00 p.m. without a majority vote of the Council. In considering whether to hear an item after

11.a
Packet Pg. 62
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 8 of 33 ends

1343373v1A 80078/0012
11:00 p.m., a determination should be made by Council that the new item(s) can be discussed, deliberated and acted upon before 12:00 a.m. If agenda items remain after the 12:00 a.m. adjournment, a special meeting may be scheduled or the items may be deferred until the next regular meeting.

With concurrence of a majority of the Council, the Presiding Officer may set a time certain for specific agenda items.

III.RULES OF CONDUCT
A. Rosenberg’s Rules
Except as provided herein, other rules adopted by the City Council and applicable provisions of state law, the procedures of the City Council will be generally guided by the latest revised edition of Rosenberg’s Rules of Order. Pursuant to law, failure to follow parliamentary rules will not in and of itself invalidate action taken by the Council.

B. Rules of Decorum

1. Authority. Through these Rules, Councilmembers may preserve order and decorum while the Council is in session. 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 or conduct them outside the building.
• Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area.
• The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views.

C. General Agenda Item Process
The following process is the normal order of business for an agenda item, except public hearings, which are discussed in more detail herein (see V. PUBLIC HEARINGS, page 17):

1. Presiding Officer announces the current agenda item.

2. Staff presents its report (as needed).

2. Councilmembers may ask questions of staff if they so desire.

3. The Presiding Officer opens for public comment.

8. The Council asks any follow up questions of staff

10. The Council deliberates and takes action through a valid motion as described herein.

11. After any further deliberation, the motion is seconded and a vote of the Council carries the motion, as described herein.

11.a
Packet Pg. 63
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 9 of 33 ends

1343373v1A 80078/0012
D. Obtaining the Floor
Every Councilmember desiring to speak will first address the Presiding Officer and gain recognition by the Presiding Officer. All Councilmembers will have an opportunity to speak. The Presiding Officer will determine the speaking order of the Councilmembers.

E. Introducing a Motion
At the Presiding Officer’s discretion, items on the agenda may be discussed before asking for a motion and second. The Presiding Officer or any Councilmember can bring or second a motion. Before the matter can be considered or debated, it must be seconded. Once a motion has been properly made and seconded, the Presiding Officer shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Councilmember properly recognized by the Presiding Officer. It is a courtesy, but not required, to allow other Councilmembers to move and second motions, and for the Presiding Officer to be the last to debate a motion. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, provided however, any Councilmember may be allowed to explain his/her vote prior to the vote being cast.

The Presiding Officer, Councilmember, or such member of the City staff as the Presiding Officer may designate, may verbally restate each motion immediately prior to calling for the vote. The Presiding Officer in his/her discretion may publicly explain the effect of a vote for the audience, or he/she may direct a member of the City staff to do so before proceeding to the next item of business.

The vote will be announced by the Presiding Officer or City staff.

F. Multiple Motions Before the Council
There can be up to three complete motions (seconded) on the floor at the same time. The Presiding Officer can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. The Presiding Officer must call a vote on last motion first, and if it fails, call a vote on the second motion, and if that fails, call a vote on the original motion.

G. Types of Motions
Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion. These motions take precedence over the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the Presiding Officer or any Councilmember at any appropriate time during the discussion of the main motion. They are listed in order of precedence. There are exceptions to the general rule of free and open debate on motions, in accordance with Rosenberg’s Rules of Order. The exceptions all apply when there is a desire of the body to move on.

11.a
Packet Pg. 64
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 10 of 33 ends

1343373v1A 80078/0012
When the following motions are made and seconded, the Presiding Officer must immediately call for a vote of the body without debate on the motion. Motions carry with the designated vote requirement.

1. Motion to adjourn [Simple Majority Vote]. This motion, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeting.

2. Motion to recess [Presiding Officer or Simple Majority Vote]. This motion, if passed, requires the body to immediately take a recess. In the event of a meeting disruption, the Presiding Officer can unilaterally call a recess. Normally, the Presiding Officer determines the length of the recess.

3. Motion to set the time to adjourn [Simple Majority Vote]. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion.

4. Motion to table [Simple Majority Vote]. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion to table should contain an exact or approximate date in which the item will come back to the Council. If no timeframe is given in the motion, the item tabled dies, although it can be raised later as a new motion.

5. Motion to limit debate [Two-Thirds Vote]. This is a motion to end debate or set a time limit on the debate for a given agenda item. When such a motion is made, the Presiding Officer should ask for a second, stop debate, and vote on the motion to limit debate.

6. Motion to close nominations [Two-Thirds Vote]. When choosing officers of the Council (such as the Mayor and Vice-Mayor), nominations are received from one of the Councilmembers. Nominations can be closed by a vote of the Council.

7. Motion to object to the consideration of an agenda item [Two-Thirds Vote].

Rather than tabling, when the Council believes it is premature for an item on the agenda to be considered, then such a motion can be made during the Approval of Final Agenda item.

Other types of motions that are debatable:

8. Basic motion. The basic motion is the one that puts forward a decision for the City Council’s consideration.

9. Motion to reconsider [Simple Majority Vote]. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters which are quasijudicial in nature or matters which require a noticed public hearing cannot be reconsidered.

10. Motion to Commit or Refer [Simple Majority Vote]. Any Councilmember may move that the matter being discussed should be referred to a committee or

11.a
Packet Pg. 65
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 11 of 33 ends

1343373v1A 80078/0012
commission for further study. The motion may contain directions for the committee or commission, as well as a date upon which the matter will be returned to the Council’s agenda. If no date is set for returning the item to the Council agenda, the Councilmember may move, at any time, to require the item be returned to the agenda. The motion must be seconded and a majority vote is required for passage if the item is to come back at a future date certain, or a twothirds vote if the item is to be immediately discussed by the Council at the time the motion to return is made.

11. Motion to Amend [Simple Majority Vote]. Any Councilmember may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order, and may be so declared by the Presiding Officer.

12. Motion to Substitute [Simple Majority Vote]. If a Councilmember wants to completely replace the basic motion that is before the Council, then the Councilmember would move a substitute motion.

13. Division of Motion [Simple Majority Vote]. Any Councilmember may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part, particularly with complex ordinances or resolutions.

H. Council Privilege, Order and Convenience.

The following actions by the Council are to ensure orderly conduct of meetings are for the convenience of the Presiding Officer and Council. These motions take precedence over any pending main or subsidiary motion and may or may not be debated, as noted:
a. Point of Privilege. Any Councilmember can raise a Point of Privilege.

Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. If raised, the Presiding Officer would then ask the interrupter to “state your point.”
b. Point of Order. Any Councilmember may require the Presiding Officer to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the Presiding Officer. Only a Councilmember may raise a point of order or a point of personal privilege. c. Appeal. If the Presiding Officer makes a ruling that a Councilmember of disagrees with, that Councilmember may appeal the ruling of the Presiding Officer. The motion must be seconded to put it before the Council. A majority vote in the negative or a tie vote sustains the ruling of the Presiding Officer. The motion is debatable, and the Presiding Officer may participate in the debate.
d. Call for orders of the day. If a Councilmember believes that the City Council is not on the agreed-upon agenda, such a call may be made. It does not require a vote, and if the Presiding Officer finds that the agenda has not been followed, the Presiding Officer simply reminds the City

11.a
Packet Pg. 66
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 12 of 33 ends

1343373v1A 80078/0012
Council to return to the agenda item properly before them. If the Presiding Officer fails to do so, the Presiding Officer’s determination may be appealed.
e. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his/her motion from the floor. The motion is immediately deemed withdrawn, although the Presiding Officer may ask the person who seconded the motion if he/she wishes to make the motion, and any other Councilmember may make the motion if properly recognized. f. Suspend the Rules [Two-Thirds Vote]. Any Councilmember may move to suspend the rules if necessary to accomplish a matter that would otherwise violate these rules. The motion requires a second and a two-thirds vote is required for passage.

I. Rescind, Repeal, or Annul.

The Council may rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal or annul complies with all of the rules applicable to the initial adoption, including any special voting or notice requirements, or unless otherwise specified by law.

J. Reading of Ordinances and Resolutions
Motions offering ordinances or resolutions are deemed to include waiver of full reading and title of the ordinance or resolution unless otherwise specifically stated. Ordinances that have been introduced by unanimous vote of the Council may be placed on the consent calendar.

K. Voting
All Councilmember present at a meeting, when a question comes up for a vote, should vote for or against the measure unless he/she is disqualified from voting and abstains because of such disqualification. The Presiding Officer will call for the vote. The vote may be taken by voice affirmation or roll call at the Presiding Officer’s discretion. Except for specific matters specified by State law, a motion carries with affirmative vote by a quorum of the City Council.

1. Tie Votes
Tie votes will be lost motions and may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a subsequent meeting. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.

2. Changing Vote
A Councilmember may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the Presiding Officer and prior to the time that the next item in the order of business is taken

11.a
Packet Pg. 67
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 13 of 33 ends

1343373v1A 80078/0012
up. A Councilmember who publicly announces that he/she is abstaining from voting on a particular matter may not subsequently withdraw his/her abstention.

L. Conflict of Interest
Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall declare the conflict,state the reason for the conflict, and leave the room during the discussion of that particular agenda item, unless it is a Consent Calendar item. A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter.

M. Serial Meetings
A majority of the members of the City Council shall not, outside a meeting authorized by the Brown Act, use a series of communications of any kind, directly or through intermediaries, to discus, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the City Council. Serial meetings yield a process which deprives the public the opportunity for a meaningful contribution to the decision-making process. However, an elected official may confer with a colleague about public business and engage in other conduct that does not constitute a “meeting” under the Brown Act.

IV.ADDRESSING THE CITY COUNCIL
While public comment is encouraged, under the law the Council has the right reasonably to regulate the time, place and manner of such comment. Any person desiring to address the Council at a meeting shall first be recognized by the Presiding Officer to do so.

A. Written Communications.

Interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.

1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.

2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.

3. If provided during the City Council meeting, written communications shall be delivered to the City Clerk.

11.a
Packet Pg. 68
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 14 of 33 ends

1343373v1A 80078/0012

4. Any writings or documents subject to disclosure that are provided to all, or a majority of, the members of the City Council regarding any item on the agenda after the time and date above, but before City Council meeting, will be made available to the City Council and the public at the City Council meeting no later than the start of the public meeting.

5. Although all written communications will become part of the written meeting record, they will not be read into the record at the City Council meeting.

B. Closed Session
Public comment is only received at the start of closed session at the designated portion of the agenda. Closed sessions that are continued after the regular meeting do not have an additional public comment period. Public comment can only address the subject of the closed session.

C. Disability Accommodation
Any person with a disability who requires a modification or accommodation in order to participate in the meeting should contact the City Clerk at least 48 hours in advance of the meeting to ensure the requested accommodation can be made.

D. Councilmembers’ Comments.

Councilmembers who are not able to attend a particular Council meeting may submit written comments on the agenda items. Councilmembers cannot give another member his/her proxy to vote, as the absent Councilmember is not present to consider reports and comments provided during the agenda item(s). The Councilmembers’ written comments shall be submitted to the City Manager and/or City Clerk and distributed as soon as possible to the other Councilmembers, but no later than the start of the meeting. Councilmember comments will not be read into the record.

E. Speaker Cards
Persons wishing to speak are encouraged, but not required, to submit a speaker card to the City Clerk for any item(s). Speakers will be called by the Presiding Officer. Although not required, when called upon, the person should come to the podium, state his/her name and address for the record, and, if speaking for an organization or other group, identify the organization or group represented.

Speaker cards may also be used as comment cards by members of the public who do not wish to or cannot verbally address the Council during a meeting. A person may indicate his/her comments and opposition or support for an agenda item on a speaker/comment card. During the public testimony of the item, the Presiding Officer will indicate that the Council has received comment cards from (name of person) in support of the project or issue and comment cards from (name of person) in opposition of the project or issue. The minutes will reflect the Council’s receipt of comment cards in opposition and support of the project or issue.

11.a
Packet Pg. 69
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 15 of 33 ends

1343373v1A 80078/0012
Persons who do not wish to use speaker cards are required to provide comments at the start of public comment, prior to those who submitted comment cards. Persons who have not submitted comment cards must indicate an intention to provide public comment by raising their hands to obtain recognition from the Presiding Officer at the start of public comment.

F. Council Interaction with Public
All remarks shall be addressed to the Council as a body and not to any member thereof or to the audience. No person, other than the Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No questions shall be asked of a Councilmember or staff except through the Presiding Officer. The Presiding Officer will determine whether, or in what manner, an answer will be provided. If a Councilmember believes that a material misstatement of fact has been made by a person, the Councilmember may ask the City Manager or City Attorney to correct or otherwise clarify the matter or the Councilmember may provide a direct response at that time without interrupting the speaker. The Mayor may also direct the questions to the City Manager to be handled either at the Council meeting or outside of the meeting. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Presiding Officer to do so.

G. Time Allocation for Public Comment and Presentations

1. Public Comment (Action Items): To ensure full access for any public wishing to speak, and to maintain a timely and efficient meeting, 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. To avoid requiring the public to make multiple trips to the speakers podium, public comment on the Consent Calendar shall be received during Citizen’s Business, and shall be an additional three (3) minute comment period per person in total for any and all items on the Consent Calendar.

The following agenda items are action items:
i. APPROVAL OF MINUTES AND NOTICE OF WAIVING

READING
ii. APPROVAL OF FINAL AGENDA
iii. CONSENT CALENDAR
iv. PUBLIC HEARINGS
v. REGULAR AGENDA
vi. REORGANIZATION OF THE CITY COUNCIL (AS

NEEDED)

2. Public Comment (Non-Action Items): Public comment on other nonaction 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.

11.a
Packet Pg. 70
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 16 of 33 ends

1343373v1A 80078/0012

3. Presentations: Presentations, appropriately calendared in accordance with the procedures herein, will be limited to a time period not to exceed 15 minutes (including questions) for all presentations at each Council meeting, unless agreed upon in advance with the City Manager. The Presiding Officer may allow presentations by an applicant or appellant in a Public Hearing to be longer if needed to present necessary evidence or relevant project information.

4. Disability Accommodation: If a person requests a time extension as a disability accommodation, the Presiding Officer may extend the time as is reasonable for the speaker to convey the information.

5. Time Allocation if Many Commenters: If there are more than ten (10) speakers with the potential to extend public comment beyond 30 minutes, the Presiding Officer is authorized to establish a different time limit for public comments in order to allow equal access for all those wishing to address the City Council.

6. Yielding Time: Speakers may not “yield” a portion of their allotted time to others.

H. Speakers Location
Speakers shall address the Council from the podium provided for that purpose, and may not enter the “well” in front of the Council dais or other area during their comment. Any written materials or items to be submitted or shown to the Council shall be given to the City Clerk, who will distribute them to Council.

I. Repetitious or Dilatory Comments Discouraged.

In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged. Whenever any group of persons wishes to address the Council on the same subject matter, those persons are encouraged to designate a spokesperson to address the City Council. With the consent of the City Council, the Presiding Officer may extend the time allocation for a designated spokesperson.

In accordance with the Brown Act, unduly long or repetitious comments may be ruled out of order by the Presiding Officer. Disruptive speech will also be limited in accordance with law.

11.a
Packet Pg. 71
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 17 of 33 ends

1343373v1A 80078/0012
V. PUBLIC HEARINGS
A. General Procedure
The Council procedure for the conduct of public hearings follows that of a normal agenda item (see C. General Agenda Item Process, page 8), except as described below:

1. After the staff report and any Council questions, the Presiding Officer opens the public hearing.

2. The applicant or appellant then has the opportunity to present comments, testimony, or arguments. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. The Presiding Officer shall provide the applicant/appellant with a reasonable amount of time to present all information relevant to the item being considered to preserve due process.

3. Members of the public are provided with the opportunity to present their comments, testimony or argument, within the normal time frame for comments (3 minutes).

4. The applicant or appellant is given an opportunity for rebuttal or concluding comments. In the case of an appeal when the appellant is different from the applicant, the appellant is given the opportunity for closing comments.

5. The public hearing is closed.

6. The Council deliberates on the issue.

7. If the Council raises new issues through deliberation and seeks to take additional public testimony (questions of the public, applicant or appellant), the Public Hearing must be reopened. At the conclusion of the public testimony, the Public Hearing is again closed.

8. The Council then deliberates and takes action on a valid motion, as described herein.

B. Continuance of Hearings
Any hearing being held or noticed or ordered to be held by the Council at any meeting of the Council may, by order or notice or continuance, be continued or re-continued to any subsequent meeting.

C. Public Discussion at Hearings
When a matter for public hearing comes before the Council, the Presiding Officer will open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Presiding Officer will open public comments.

1. Public Member Request to Speak
Persons wishing to speak or present evidence during Public Hearings should submit a speaker card to the City Clerk in a timely fashion. Speakers will be called by the Presiding Officer, and shall be limited to the normal time limit in accordance with Time Allocation for Public Comment and Presentations

11.a
Packet Pg. 72
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 18 of 33 ends

1343373v1A 80078/0012
herein if they do not have a direct property interest in the decision. When called upon, the person should come to the podium, state his/her name and address for the record, and, if speaking for an organization or other group, identify the organization or group represented. A member of the public may only address the Council upon recognition by the Presiding Officer.

2. Council Questions of Speakers
Members of the Council who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Presiding Officer. Interaction with the speaker will be limited to a question or questions for clarification, rather than an ongoing dialogue, generally after the speaker has concluded the initial comments.

Councilmembers should avoid raising questions as a method to extend the allocated time for a speaker.

3. Due Process
The Presiding Officer will conduct the meeting in such a manner as to afford due process.

4. Public Oral Presentations
All Council rules pertaining to oral presentation apply during public hearings, as described in E. Presentations, on page 7.

5. Materials for Public Record
All persons with an interest in the matter being heard by the Council will be entitled to submit written evidence, correspondence, or remarks, as well as other graphic evidence. All such materials shall be handled in accordance with these Rules and will be retained by the City Clerk as part of the Clerk's record of the hearing, unless otherwise directed.

6. Germane Comments
No person will be permitted during the public hearing to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance will be made by the Presiding Officer.

D. Communications and Petitions
Written communications and petitions concerning the subject matter of the hearing may be noted, read aloud, or summarized by the Presiding Officer at his/her discretion.

E. Admissible Evidence
Hearings need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs.

11.a
Packet Pg. 73
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 19 of 33 ends

1343373v1A 80078/0012
VI.NON-MEETING ACTIVITIES
A. Study/Work Session
The Council may meet in a study/work session at such times or at such places as may be determined by the Council for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. These sessions will be noticed as provided by law and open to the public and the press.

No official action may be taken at a study session. However, Council may refer the item to staff with specific requests for information or provide specific direction to staff. During study/work sessions, Councilmembers may ask questions of staff.

For those questions that staff cannot immediately answer, responses will be provided for the Council in writing or at a future Council meeting.

VII. COUNCILMEMBER COMMITTEES AND SUBCOMMITTEES
A. Purpose
The City Council from time to time forms committees and subcommittees. These committees and subcommittees are formed to study, investigate, and make recommendations to the full Council regarding specific topics. In some instances there are standing committees and in other instances there are ad hoc committees.

B. Appointment
Councilmember committees and subcommittees will be appointed by the Mayor.

Mayoral appointments shall be ratified by a majority of the City Council.

Committee members will be promptly notified of their selection and the scope of the committee assignment. The Mayor will designate the term of the committee and identify whether it is a standing appointment (on-going) or a short-term (ad hoc) assignment.

C. Conflict of Interest
Should an appointee to a committee or subcommittee discover a conflict of interest with their appointment to the committee, that discovery will be communicated to the Mayor immediately.

D. Councilmember Committee and Subcommittee Meetings
Council committee and subcommittee meetings will be scheduled at times which allow for each member to attend. Each member should make an effort to accommodate the committee or subcommittee meeting schedule. The schedule of committee and subcommittee meetings will be uniformly communicated to each committee or subcommittee member. Individual committee or subcommittee members will disclose any related conversations or correspondence associated with the scope of the committee’s or subcommittee duties at the following committee or subcommittee meeting.

11.a
Packet Pg. 74
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 20 of 33 ends

1343373v1A 80078/0012
E. Committee Recommendations
Generally, committee members should reach agreement on findings and recommendations to present to the City Council. When the opinions of committee members are divergent, a majority and minority finding and recommendation may be submitted to the City Council. Although written minutes of each committee meeting are not required, committee findings and recommendations should be presented to the City Council in a written document.

F. Staffing
Councilmembers assigned to committees will observe the City Council Rules regarding staff assignment of duties. Only the City Manager will assign staff to committees for the purposes of administrative services, to attend committee meetings, and to assist with committee presentations to the City Council.

VIII. CITY BOARDS, COMMISSIONS, AND COMMITTEES
A. Appointments to City Boards, Commissions, and Committees

1. Planning Commission: Appointments to the Planning Commission shall be guided by the latest revised Cotati Municipal Code Section 2.16.010:

2. Design Review Committee: Appointments to the Design Review Committee shall be guided by the latest revised Cotati Municipal Code Section 2.19.010

3. Measure G Oversight Committee: Appointments shall be in accordance with that for Planning Commissioners as outlined in Cotati Municipal Code Sections 2.16.015 (Appointment process) and 2.16.020 (Terms), and as further defined by Resolution 2015-64.

4. Community and Environment Commission: INACTIVE
B. Policy for Service on City Boards, Commissions, and Committees

1. Role
Boards, commissions and committees established by the City Council are advisory to the City Council. The role of all such boards, commissions, and committees is to make recommendations to the City Council on matters affecting the City of Cotati. Except as otherwise provided in state or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Boards, commissions, and committees have no authority to appropriate funds except as otherwise approved by the City Council.

11.a
Packet Pg. 75
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 21 of 33 ends

1343373v1A 80078/0012

2. Conflict of Interest
All members of boards, commissions, and committees shall abide by the provisions of the Political Reform Act of the State of California and provisions of the common law relating to conflicts of interest and the latest revised Cotati Conflict of Interest Code.

IX.COUNCILMEMBER ADMINISTRATIVE SUPPORT
A. Council Mail
When incoming mail is received addressed to a Councilmember, it is opened by City Manager office staff as directed by the City Manager.

All correspondence, including E-mail, addressed to the City Council or to individual Councilmembers relating to the conduct of the City’s business is a public record as defined in Government Code section 6252 and will be retained by the City in accordance with its Records Retention Policy.

B. Council Correspondence
All Councilmember correspondence shall be subject to the latest revised Administrative Policy No. 2004-02. Correspondence written with City resources (letterhead, typing, staff support, postage, etc.) will reflect the position of the full Council, not an individual Councilmember’s position, except when applying for regional governmental boards or committees. All Councilmember correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.

C. Councilmember Participation in Community Activities
From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. If asked to speak or comment at a public event, Councilmembers should state that they are acting as interested parties rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.

D. Correspondence Responding to Proposed State or Federal Legislation In responding to correspondence from the City to State or Federal government representatives regarding proposed State or Federal legislation, the following process will be followed:

1. On longer-term policy issues as time permits:

11.a
Packet Pg. 76
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 22 of 33 ends

1343373v1A 80078/0012
a. The City Council develops a legislative platform; and/or b. The proposed legislation, along with a draft letter for the Mayor’s signature, will be placed on an upcoming City Council agenda for consideration by the full Council.
c. After Council concurrence, staff will send the letter to the appropriate State or Federal representatives.

2. On matters of urgency, when there is insufficient time for the above process:
a. If the proposed legislation is considered extremely beneficial or extremely detrimental to the City’s interests, and after consultation between the Mayor and City Manager, a letter may be prepared immediately for the Mayor’s signature, with copies being provided to the whole Council. b. This procedure is particularly appropriate if the City’s position is similar or identical to a past City position on this matter and/or is consistent with the position taken by the League of California Cities.

E. Clerical Support
The City Manager's Office will coordinate the typing of correspondence requested by individual Councilmembers. All correspondence typed for Councilmembers will be on City letterhead and will reflect the position of the full Council, not individual Councilmembers, and will be copied to the full Council.

F. Master Calendar
A master calendar of Council events, functions or meetings will be provided to the full Council. Functions, events or meetings to be attended by individual Councilmembers will only be included on the master calendar at the request of individual Councilmembers.

G. Requests for Research or Information
Councilmembers may request information or research from staff on a given topic directly when it is anticipated that the request can be completed by staff in less than one (1) hour. Councilmember requests for research or information that are anticipated to take more than one (1) hour of staff time shall be directed to the City Manager. Councilmember requests for research or information that exceed 10 hours or would result in a direct expenditure outside of routine maintenance shall be brought before the full Council for consideration. Requests for new information or policy direction will be brought to the full Council for consideration at a regular meeting. All written products will be copied to the full Council.

X. CITY COUNCIL CODE OF ETHICS

11.a
Packet Pg. 77
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment) rules of order established by the City Council governing the deliberation of public

Page 23 of 33 ends

1343373v1A 80078/0012
A. Preamble
The citizens and businesses of Cotati are entitled to have fair, ethical, and accountable local government which has earned the public’s full confidence for integrity. Such a government requires that public officials:
➢ Comply with both the letter and the spirit of the laws and policies affecting operations of the government.
➢ Be independent, impartial and fair in their judgment and actions. ➢ Use their public office for the public good, not for personal gain. ➢ Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility.

To this end, this represents our shared values to encourage public confidence in the integrity of local government and its fair and effective operation.

B. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, Councilmembers shall work for the common good of the people of Cotati, and not for any private or personal interest, and they will endeavor to treat all persons, claims and transactions in a fair and equitable manner.

C. Comply with the Law
Councilmembers shall comply with the laws of the nation, the State of California and the City of Cotati in the performance of their duties. These laws include, but are not limited to: the United States and California constitutions, financial disclosures, employer responsibilities and open processes of government; and City ordinances and policies.

D. Conduct of Members
Councilmembers shall refrain from abusive conduct, and verbal or written attacks upon the character or motives of other members of the City Council, boards, commissions, committees, staff or the public. The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety.

It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory remarks about other Councilmembers, their opinions and actions.

E. Respect for Process
Councilmember duties shall be performed in accordance with the processes and

11.a
Packet Pg. 78
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 24 of 33 ends

1343373v1A 80078/0012
policy issues, the involvement of the public, and the implementation of policy decisions of the City Council by city staff.

F. Conduct of City Meetings
Councilmembers shall inform themselves of public issues, listen courteously and attentively to public discussions before the Council and focus on the business at hand.

The following guidelines should be adhered to:
➢ Everyone has a right to be heard;
➢ Focus on the issue, not the person;
➢ Be careful of how you say, what you say, and be aware of physical clues such as body language;
➢ Listen carefully without interrupting;
➢ We oppose all forms of discrimination and harassment. ➢ We recognize and support the public's right to know the public's business. ➢ We believe in involving citizens in policy decision-making. ➢ We strive to exercise compassion, benevolence, fairness, and optimism. ➢ We strive to respond to the public in ways that are complete, clear, and easy to understand
G. Decisions Based on Merit
Councilmember decisions shall be based upon the merits and substance of the matter at hand, rather than on unrelated considerations. When the City Council has not taken a position on an issue, neither the Mayor nor any member of the Council will speak on behalf of the City Council.

H. Communication
It is the responsibility of the Councilmembers to publicly share substantive information that is relevant to a matter under consideration by the Council that they have received from sources outside of the public decision-making process with all other Councilmembers.

Councilmembers shall adhere to City Policy 2004-02 Signing Correspondence and Use of City Logo. City stationery and the City logo are the property of the City and may only be used in accordance with the City’s adopted policy.

I. Conduct with City Staff
The Council acting as a body will direct the City Manager on all major or new issues. A Councilmember will not initiate any action or have prepared any report that is significant in nature or initiate any project or study without the approval of the City Council.

If administrative policy or administrative performance complaints be made directly to individual Councilmembers, he or she will refer the matter directly to

11.a
Packet Pg. 79
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 25 of 33 ends

1343373v1A 80078/0012
the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint.

Neither the Council nor individual members may direct or request the City Manager or his/her subordinates to appoint or remove any individual to or from employment. Neither the Council nor individual members may give any orders to any subordinate of the City Manager, either publicly or privately.

Councilmembers should refrain from expressing concerns about the performance of a City employee in public, to the employee directly, or to the employee’s supervisor. Comments about staff performance should only be made to the City Manager through private correspondence or conversation.

As appropriate, City staff should be involved when Councilmembers meet with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep the City Manager informed. City Manager shall be notified of such meetings and direct to appropriate City staff.

J. Disclosure of Corruption
All City officials shall take an oath upon assuming office, pledging to uphold the constitution and laws of the City, the State and the Federal government. As part of this oath, officials commit to disclosing to the appropriate authorities and/or to the City Council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law.

K. Conflict of Interest
In order to assure their independence and impartiality on behalf of the public good, Councilmembers shall not use their official positions to influence government decisions in which they have a financial interest. Nothing herein is intended to prohibit a Councilmember from recusing oneself if s/he believes there may be a perception of a conflict of interest or impropriety.

In accordance with the law, members shall file written disclosures of their economic interest and if they have a conflict of interest regarding a particular decision, refrain from participating in that decision unless otherwise permitted by law.

L. Gifts and Favors
Councilmembers shall not take advantage of service or opportunities for personal gain by virtue of their public office that are not available to the public in general.

They shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised.

11.a
Packet Pg. 80
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 26 of 33 ends

1343373v1A 80078/0012
M. Confidential Information
Councilmembers shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests.

N. Use of Public Resources
Public resources not available to the general public (e.g., City staff time, equipment, supplies or facilities) shall not be used by Councilmembers for private gain or personal purposes.

O. Representation of Private Interests
In keeping with their role as stewards of the public trust, Councilmembers shall not appear on behalf of private interests of a third-party before the City Council or any board, commission or committee or proceeding of the City.

P. Advocacy
Councilmembers shall represent the official policies and positions of the City Council when designated as delegates for their purpose. When representing their personal opinions or positions, members shall explicitly state that they do not represent the Council or the City of Cotati, nor will they allow the inference that they do.

Q. Improper Influence
Councilmembers shall refrain from stating their position to improperly influence the deliberations or decisions of City staff, boards, commissions or committees.

Councilmembers shall not provide public comment on items before other City commissions or committees if the item will come before the City Council.

R. Policy Role of Members
Councilmembers shall respect and adhere to the Council-Manager structure of Cotati City government as provided in State Law and the City Code. In this structure, the City Council determines the policies of the City with the advice and information provided by the public and other City bodies, with analysis from City staff.

Councilmembers therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. Councilmembers shall work through the City Manager and City Attorney.

S. Positive Work Environment
Councilmembers shall support the maintenance of a positive and constructive environment for residents, businesses and City employees.

11.a
Packet Pg. 81
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 27 of 33 ends

1343373v1A 80078/0012
T. Implementation
Ethics standards shall be included in the regular orientations for City Council candidates.

As an expression of conduct for Councilmembers of the City of Cotati, this Code of Ethics is intended to be self-enforcing.

U. Attendance at Meetings and Events
When Councilmembers have confirmed their attendance on behalf of the City at meetings and events, it is expected that they will attend as confirmed or give timely notice to staff if they are unable to attend. Councilmembers are also expected to attend board and committee meetings to which they have been appointed to represent the City. If they are unable to attend, it is the Councilmembers responsibility to inform the alternate attendee.

V. Compliance and Enforcement
Councilmembers themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of City government.

The City Council may impose sanctions on members whose conduct does not comply with the City’s ethical standards such as reprimand, formal censure, loss of seniority or committee assignment, or budget restriction. Ethics complaints shall be processed as City Council Correspondence. If a Councilmember would prefer to address a complaint in depth, the Councilmember shall so note during the Direction on Future Agenda Items portion of the meeting. Complaints may then be agendized in accordance with the procedures herein.

A violation of this Code of Ethics shall not be considered a basis for challenging the validity of a Council decision.

The City Council Code of Ethics shall be considered to be the definitive document relating to ethical conduct by Cotati City Councilmembers.

XI. FAILURE TO OBSERVE COUNCIL RULES
These rules are adopted to expedite the transaction of the business of the Council in an orderly and effective fashion and do not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances. Failure of the Council to strictly observe such rules does not affect the jurisdiction of the Council or invalidate action taken at a meeting that is otherwise held in conformity with law.

11.a
Packet Pg. 82
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment)

Page 28 of 33 ends

1343373v1A 80078/0012
Furthermore, any of the foregoing rules may be waived by majority vote of the Councilmembers present when it is deemed that there is good cause to do so based upon the particular facts and circumstances involved.

XII. INCONSISTENCIES
The Brown Act, the Cotati Municipal Code, or other controlling State law shall prevail over any provisions in these rules and procedures which are inconsistent.

XIII. SEVERABILITY.

If any provision or part of these Rules is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the validity, legality and enforceability of the remaining provisions and parts hereof shall not in any way be affected or impaired thereby and shall remain in full force and effect.
2600516.1

11.a
Packet Pg. 83
Attachment: City Council Rules Policy CC 2021-01 Redline (City Council Rules Update - Land Acknowledgment) Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: Information received after the agenda was posted.

Date: October 24, 2023
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

Pursuant to City Council Policy 2021-01: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.

1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the Deputy City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.

2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the Deputy City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the Deputy City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.

City Council Policy 2021-01 is available at the online meeting portal at www.cotaticity.org or by request from the Deputy City Clerk at 707-665-3622 or [email protected].

15.A
Packet Pg. 84

Cotati City CouncilOctober 24, 2023

Cotati City Council
October 24, 2023