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, April 22, 2025
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.gov. For questions about the agenda or to receive the City Council agenda by e-mail, contact the Deputy City Clerk at [email protected] or 707-665-3622.
Cotati City Council Meetings will be conducted in person in the Council Chamber. To guarantee your ability to participate, you must attend the meeting in person. As a courtesy to the public, the City allows citizens the opportunity to view and offer public comments virtually through Zoom Online video conferencing platform. Technical difficulties may occur that make the Zoom platform unavailable. If Zoom is unavailable, the meeting will continue. Participants considering using Zoom should consider attending in person, if they desire to ensure their ability to view the meeting and offer public comments.
Subject to the above disclaimer, Zoom Online video conferencing is available to watch or listen in the following ways:
1. Using the following online livestream meeting portal link: https://www.youtube.com/@cityofcotati7280/streams
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/86850857519?pwd=bfMobpnnxL9F1Dhw1yFd15kN9KjXYU.1 If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:
Webinar ID: 868 5085 7519 Passcode: 891746
+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.gov and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.
Disabled Accommodation: Upon request, this agenda will be made available in appropriate formats to persons with disabilities as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the Deputy City Clerk at (707) 665-3622 at least 48 hours in advance of the meeting.
Rules of Decorum: To avoid distraction, the following meeting etiquette shall be enforced. • Silence electronic devices, including cell phones.
Cotati City Council Packet April 22, 2025
• Audience members are advised to keep conversations to a minimum or conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area. • The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 2023-01 III.B.1.) Public Comment (Action items): Public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person. Action items are typically designated on the agenda title.
Public Comment (Non-Action items): Public comment on non- action agenda items shall be received during the designated portion of the agenda.
Comments shall be limited to no more than three (3) minutes for all non-action agenda items.
Waiver Warning: If you challenge decisions/direction of the City Council of the City of Cotati in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Cotati at, or prior to, the public hearing(s).
City Council meetings are conducted according to City Council Policy 2023-01: City Council Rules. This policy available for inspection in the online Meeting Portal at www.cotaticity.gov and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.
Those wishing to address the Council are asked to complete a speaker card and give it to the City Clerk. When you are called, step to the podium and state your name and address for the record. Persons wishing to address the Council are not required to identify themselves or complete a speaker card; (Gov’t. Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and it assists the City Clerk in preparing the City Council meeting minutes.
1. CALL TO ORDER
2. APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL
RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS
AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – MAR 25, 2025 B. COTATI CITY COUNCIL – REGULAR MEETING – APR 8, 2025
3. ANNOUNCEMENTS
A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, the meeting agenda includes items labeled as Action Items, where the City Council may consider the item. If the City Council considers the item, citizens will be afforded the opportunity to provide comments relevant to the item being discussed. The meeting agenda also includes a Citizens Business item, which is the designated place on the agenda where citizens have the right to say whatever they wish. However, the Brown Act prohibits the City Council from taking action or considering any item that is not on this agenda, to ensure that other members of the community who wish to provide comment are notified in advance through a properly noticed meeting agenda.
B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.gov C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to enroll with CivicReady, by signing up on the City’s website, www.cotaticity.gov, under the “How do I” link at the top of the homepage.
D. Have you noticed a street light out, pothole, or issues in a City Park? We want to keep Cotati beautiful and running smoothly, so please let us know what needs to be fixed, by going to the City website under “How do I” and “Report a Service Request.” Cotati City Council Packet April 22, 2025
E. Like always, we love to hear from you, so please feel free to contact the City at 707-792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, and CivicReady.
4. APPROVAL OF FINAL AGENDA (ACTION)
This item will only be opened for the public comment if the City Council proposes to take any action to modify this agenda.
5. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda. Pursuant to City Council Policy 2023-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the Deputy Clerk will alert speakers when there are thirty seconds remaining.
6. CONSENT CALENDAR (ACTION)
A. 2025 COTATI CHAMBER OF COMMERCE EVENTS
It is recommended the City Council adopt a resolution approving the 2025 Cotati Chamber of Commerce events.
B. APPROVAL OF 2025 CITY OF COTATI KIDS DAY EVENT IN LA PLAZA PARK It is recommended that the City Council adopt a resolution approving the 2025 City of Cotati Kids Day Parade & Festival.
C. MEASURE S ANNUAL REPORT AND LETTER FROM OVERSIGHT COMMITTEE FOR FISCAL YEAR 2023/24
It is recommended that the City Council receive and file the review letter by the Measure S Citizens' Oversight Committee and the supporting Measure S Annual Report for Fiscal Year 2023/24.
D. APPROVAL OF A LETTER REQUESTING STATE FUNDING SUPPORT FOR THE
CALIFORNIA STATE UNIVERSITY SYSTEM, INCLUDING SONOMA STATE
UNIVERSITY
It is recommended that the City Council adopt a motion authorizing the Mayor, or designee, to sign and send a letter to the State requesting preservation of funding to the California State University System, including Sonoma State University.
7. DIRECTION ON FUTURE AGENDA ITEMS
8. REGULAR AGENDA (ACTION)
A. CONSIDERATION OF UPDATES TO THE CITY COUNCIL RULES OF CONDUCT It is recommended that the City Council adopt a resolution to approve revisions to the City Council Rules of Conduct to remove various ceremonial duties from the agenda and clarify the process to add new projects or programs to the annual workplan.
B. POTENTIAL 2025 DISCUSSION TOPICS FOR THE SONOMA COUNTY MAYORS Cotati City Council Packet April 22, 2025
AND COUNCILMEMBERS
It is recommended that the City Council adopt a motion providing the Mayor with the City’s top three priorities for regional consideration at the upcoming Sonoma County Mayors and Councilmembers Board of Directors meeting.
C. DISCUSS CAL CITIES REQUEST FOR LETTERS OPPOSING SB 634 (PEREZ), AB 647 (GONZALES) AND SUPPORTING AB 650 (PAPAN)
It is recommended that the City Council review the Cal Cities requests for support and opposition to three items of pending State legislation and if supportive of the Cal Cities position, adopt a motion authorizing the Mayor to sign and transmit the three attached letters.
9. CITY MANAGER'S REPORT
10. CITY COUNCIL MEMBER REPORTS
11. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
12. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
13. 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 April 18, 2025. /s/ Kevin Patterson, Deputy City Clerk
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RESOLUTION NO. (XX)
2025 COTATI CHAMBER OF COMMERCE EVENTS RESOLUTION
WHEREAS, the Cotati Chamber of Commerce submitted applications to the City for the Music Festival and Oktoberfest on March 24, 2025; and
WHEREAS, it will be necessary to conform to certain conditions as described in “Exhibit A,” attached hereto, to facilitate these events; and WHEREAS, the City Council finds that these events are part of a comprehensive economic development strategy by the Chamber of Commerce in that they increase visitation to the City, promote the Cotati community and result in increased sales tax revenues; and WHEREAS, the City Council further finds that the health, safety, and welfare of the citizens of the City of Cotati will not be jeopardized by the approval of these events; and WHEREAS, the application for these events is attached as Exhibit B; and WHEREAS, in accordance with the adopted Park Use policy, groups with an IRS non profit designation, or other governmental organizations, can request a 50% discount in the permit fees if there are no admission fees associated with the planned event; and WHEREAS, because the City is a partner in these events, it is recommended that the City fund the remaining $1,306 in park use fees, as well as the staff time to facilitate these events (estimated at $744); and
WHEREAS, the action of approving a Music Festival and Oktoberfest event 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
Section 1. Findings. The above recitals are declared to be true and correct and are incorporated herein as findings of the City Council.
Section 2. Approval of Conditions. The City Council hereby approves the conditions of approval for these events, attached as Exhibit A.
Section 3. Approval of Fee Waivers for Cotati Chamber of Commerce. The 50% fee waivers (per the City Park Use Policy), the estimated cost of City staff time ($744), and the City contribution from the City's General Fund of $1,306, as described in the accompanying Staff Report, is hereby approved to facilitate these events.
Section 4. Effective Date of this Resolution. This Resolution shall become effective immediately.
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Section 5. Severability. Each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Cotati hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional.
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 April 22, 2025, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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RESOLUTION NO. (XX)
APPROVAL OF KIDS DAY FESTIVAL AND PARADE ON JULY 12, 2025,
INCLUDING CLOSURE OF STREETS DURING CERTAIN HOURS, USE OF LA
PLAZA PARK AND OTHER RELATED APPROVALS
WHEREAS, the City of Cotati produces the annual Cotati Kids Day Festival, traditionally held in La Plaza Park, and Parade; and
WHEREAS, California Vehicle Code Section 21101(e) authorizes temporary street closures where certain conditions exist; and
WHEREAS, it will be necessary to temporarily close certain streets, as described in the Exhibits attached to facilitate these events; and
WHEREAS, the closure is necessary for the safety and protection of persons who are to use that portion or portions of the street(s) during the temporary closing; and WHEREAS, the Chief of Police of the City of Cotati will arrange for temporary street closure and traffic re-routing, which would minimize the traffic hazard conditions and allow for orderly movement of traffic; and
WHEREAS, the Chief of Police will contact the Rancho Adobe Fire Protection District, ambulance service providers, bus service providers, and others who may need ingress, egress, or the ability to traverse the affected area and will reasonably provide for their needs; and WHEREAS, the City Council finds that this event is part of a comprehensive economic development strategy by the City of Cotati in that it increases visitation to the City, promotes the Cotati community and results in increased sales tax revenues; and WHEREAS, the action of approving a Kids Day Parade and Festival 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, by the City Council of the City of Cotati as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The closure of La Plaza Park for use for the Kids Day Festival on Saturday, July 12, 2025, between 7:00 a.m. and 7:00 p.m. is hereby approved, to include amplified music, food truck and other vendor sales, and other Kids Day activities as described in the accompanying staff report.
3. The temporary closure of portions of La Plaza, East School Street, West Sierra Avenue, Henry Street and Old Redwood Highway on July 12, 2025, between the hours of 7:00am and 7:00pm is hereby approved.
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4. The use of staff time and City Funds for the Kids Day Parade and Festival, as further described in the accompanying staff report, is hereby approved.
5. The Conditions of Approval, attached as Exhibit A to this resolution, is hereby approved.
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 April 22, 2025, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF A LETTER REQUESTING STATE FUNDING
SUPPORT FOR THE CALIFORNIA STATE UNIVERSITY
SYSTEM, INCLUDING SONOMA STATE UNIVERSITY
Date: April 22, 2025
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a motion authorizing the Mayor, or designee, to sign and send a letter to the State requesting preservation of funding to the California State University System, including Sonoma State University.
Background
The City received a request from our partners at Sonoma State University to send a letter to the State requesting that the California State University System remains funded at the level of prior commitments. A template letter is attached.
Analysis/Discussion
The City recently authorized the transmittal of a similar letter supporting Sonoma State University (attached), however this letter would still be timely if transmitted by Wednesday (4/23). Therefore, it is being brought to the City Council for review.
Financial Considerations
There are no direct impacts to the City by sending the attached letter. If the letter successfully supports additional funding to SSU, there will be likely be indirect economic benefits due to higher enrollment, more people with 4-year degrees coming into the local workforce and continued employment of some university teachers.
Environmental Issues
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Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.
This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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Organization’s Letterhead
April 22, 2025
The Honorable Gavin Newsom The Honorable Mike McGuire
Governor President pro Tempore of the Senate
1021 O Street, Suite 9000 1021 O Street, Suite 8518
Sacramento, CA 95814 Sacramento, CA 95814
The Honorable Robert Rivas
Speaker of the Assembly
1021 O Street, Suite 8330
Sacramento, CA 95814
RE: Prevent Cuts to the CSU and its Universities
Dear Governor Newsom, Pro Tem McGuire and Speaker Rivas, The City of Cotati (City) respectfully requests that state funding for the California State University (CSU) system not be cut by $375 million, and that the financial commitments outlined in the Multi-Year Compact be upheld in the 2025-26 state budget.
We are well aware that the state faces competing budget priorities, but cutting the CSU’s funding will not only limit the state’s economic growth, it will also curtail the ability for thousands of CSU students to graduate on time and enter the workforce. The CSU and its universities are strong and committed partners in our region’s economic growth. The City is an employer of Sonoma State University graduates and partner in various community programs, including police dispatch and mobile mental health crisis support for our combined communities.
Fully funding the CSU will allow the system to continue increasing graduation rates and expanding access to higher education, and to guarantee fair pay for its employees. The CSU plays a critical role in providing for the social mobility of thousands of California students and their families, graduating over 125,000 individuals each year. Twelve CSU universities are ranked in the top 25 nationwide on the Wall Street Journal’s 2025 Social Mobility Ranking.
We are excited about the CSU’s future, as the system had its largest freshman class ever in 2024, offers innovative academic programs critical to our industry, and is expanding access to its universities through new enrollment pathways. To ensure the continued growth and prosperity of California’s economy, it is essential that the CSU has the resources it needs to produce a highly skilled workforce.
The CSU represents the best of what California has to offer in terms of workforce development and social mobility. We are greatly concerned that the proposed cut will result in irreparable harm, as campuses will need to cut up to $30 million from their budgets if these cuts are not averted. The proposed budget cuts will result in a less prepared workforce and harm our state’s economy. We strongly believe that investing in the CSU should be a top priority in the 2025-26 state budget, and we urge that the CSU is not cut $375 million as part of any budget agreement.
Thank you for your consideration of this request and should you have any questions please do not hesitate to contact me.
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Sincerely,
Ben Ford
Mayor
cc: The Honorable Scott Wiener, Chair, Senate Committee on Budget and Fiscal Review The Honorable Jesse Gabriel, Chair, Assembly Committee on Budget The Honorable John Laird, Chair, Senate Committee on Budget and Fiscal Review, Subcommittee #1
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: CONSIDERATION OF UPDATES TO THE CITY COUNCIL
RULES OF CONDUCT
Date: April 22, 2025
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution to approve revisions to the City Council Rules of Conduct to clarify the agenda.
Background
In accordance with Government Code 36813 the City Council can ”...establish rules for the conduct of its proceedings”. Additionally, the Cotati Municipal Code, Section 2.04.040 states that, ”The council may, by resolution, provide for rules and regulations governing the procedures to be followed in any regular or special meeting of the council”. The City Council has adopted various versions of the City Council Rules of Conduct (City Council Rules) through the years to document the processes and procedures necessary to ensure that City Council meetings are orderly and can efficiently conduct the City’s business. The current version of the City Council Rules was most recently amended at the April 8, 2025 City Council meeting, as City Council Policy 2025-01.
Analysis/Discussion
To encourage efficient management of the City’s business items, avoid repeated disruptions from the audience and related delays to the public meetings while also providing ample opportunities for all citizens to provide comment on any item being considered by the City Council, as well as any other items under the City’s purview, the City recently updated the City Council Rules as Policy 2025-01. At this meeting, it was suggested that staff consider the agenda placement of Public Comment on Non-Action Agenda Items and return to the City Council. 71 of 250
Proposed City Council Rules Changes
To reduce the continued disruptions of the public meetings, the proposed City Council Rules move up Public Comment on Non-Action Agenda Items to immediately following the renamed Call to Order – Roll Call. This is intended to give members of the public the opportunity to comment on any non-action agenda item at the start of the meeting.
Additionally, there are changes to clarify that the City Council will open any non-action item for public comment if there is any discussion (beyond simple City Council follow-up questions) or if any action is proposed to be taken.
Lastly, Approval of Final Agenda has been renamed “Agenda Review”, consistent with many neighboring cities and is no longer an action item. If the City Council proposes any changes to the agenda, the City Council will open this item up for public comment, as clarified above.
Financial Considerations
The proposed change in the City Council Rules will not result in any new expenditure.
Environmental Issues
Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.
This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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California Government Code 54954.3.
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee’s consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.
(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. (c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.
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RESOLUTION NO. (XX)
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 2025-10 on April 8, 2025; 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 2025-01) 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 April 22, 2025, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
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Approved as to form:______________________________
City Attorney
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CITY COUNCIL RULES
OF CONDUCT
City Council Policy 2025-01
Adopted April 8, 2025
Resolution 2025-10
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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 B. Remote Attendance of Councilmembers Meetings...................................................................................2 C. Quorum ....................................................................................................................................................2 D. Attendance by the Public..........................................................................................................................2 E. Agenda Packets........................................................................................................................................2 F. Meeting Minutes.......................................................................................................................................2 II. CITY COUNCIL OFFICERS ..................................................................................................................3 A. Election of Council Officers.....................................................................................................................3 B. Role of Mayor..........................................................................................................................................3 C. Powers and Duties of the Mayor..............................................................................................................3 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...................................................................................................................8 I. Time Management and Adjournment.......................................................................................................9 III. RULES OF CONDUCT...........................................................................................................................9 A. Rosenberg’s Rules....................................................................................................................................9 B. Rules of Decorum ....................................................................................................................................9 C. General Agenda Item Process...................................................................................................................9 77 of 250
D. Obtaining the Floor ................................................................................................................................10 E. Introducing a Motion..............................................................................................................................10 F. Multiple Motions Before the Council.....................................................................................................10 G. Types of Motions ...................................................................................................................................10 H. Council Privilege, Order and Convenience. ...........................................................................................12 I. Rescind, Repeal, or Annul......................................................................................................................13 J. Reading of Ordinances and Resolutions.................................................................................................13 K. Voting ....................................................................................................................................................13 L. Conflict of Interest .................................................................................................................................14 M. Serial Meetings.......................................................................................................................................14 IV. ADDRESSING THE CITY COUNCIL.................................................................................................14 A. Written Communications........................................................................................................................14 B. Closed Session........................................................................................................................................15 C. Disability Accommodation.....................................................................................................................15 D. Councilmembers’ Comments. ................................................................................................................15 E. Speaker Cards.........................................................................................................................................15 F. Council Interaction with Public ..............................................................................................................16 G. Time Allocation for Public Comment and Presentations........................................................................16 H. Speakers Location ..................................................................................................................................17 I. Repetitious or Dilatory Comments Discouraged.....................................................................................17 V. PUBLIC HEARINGS.............................................................................................................................17 A. General Procedure ..................................................................................................................................17 B. Continuance of Hearings........................................................................................................................18 C. Public Discussion at Hearings................................................................................................................18 D. Communications and Petitions...............................................................................................................19 E. Admissible Evidence ..............................................................................................................................19 VI. NON-MEETING ACTIVITIES .............................................................................................................19 A. Study/Work Session ...............................................................................................................................19 VII. COUNCILMEMBER COMMITTEES AND SUBCOMMITTEES ......................................................19 A. Purpose...................................................................................................................................................20 B. Appointment...........................................................................................................................................20 C. Conflict of Interest .................................................................................................................................20 D. Councilmember Committee and Subcommittee Meetings......................................................................20 78 of 250
E. Committee Recommendations................................................................................................................20 F. Staffing...................................................................................................................................................20 VIII.CITY BOARDS, COMMISSIONS, AND COMMITTEES...................................................................20 A. Appointments to City Boards, Commissions, and Committees..............................................................20 B. Policy for Service on City Boards, Commissions, and Committees.......................................................21 IX. COUNCILMEMBER ADMINISTRATIVE SUPPORT........................................................................21 A. Council Mail...........................................................................................................................................21 B. Council Correspondence ........................................................................................................................21 C. Councilmember Participation in Community Activities.........................................................................22 D. Correspondence Responding to Proposed State or Federal Legislation..................................................22 E. Clerical Support......................................................................................................................................22 F. Master Calendar .....................................................................................................................................23 G. Requests for Research or Information ....................................................................................................23 X. CITY COUNCIL CODE OF ETHICS...................................................................................................23 A. Preamble.................................................................................................................................................23 B. Act in the Public Interest ........................................................................................................................23 C. Comply with the Law.............................................................................................................................23 D. Conduct of Members..............................................................................................................................24 E. Respect for Process................................................................................................................................24 F. Conduct of City Meetings ......................................................................................................................24 G. Decisions Based on Merit.......................................................................................................................24 H. Communication ......................................................................................................................................25 I. Conduct with City Staff..........................................................................................................................25 J. Disclosure of Corruption ........................................................................................................................25 K. Conflict of Interest .................................................................................................................................25 L. Gifts and Favors.....................................................................................................................................26 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 ...................................................................................................................27 79 of 250
T. Implementation.......................................................................................................................................27 U. Attendance at Meetings and Events........................................................................................................27 V. Compliance and Enforcement.................................................................................................................27 XI. FAILURE TO OBSERVE COUNCIL RULES......................................................................................28 XII. INCONSISTENCIES .............................................................................................................................28 XIII.SEVERABILITY. ..................................................................................................................................28 80 of 250
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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.
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 81 of 250
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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.
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 82 of 250
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preparation of the minutes and directions for corrections to the minutes will be made by majority action of the City Council.
8. 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.
9. 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.
10. 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, 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 83 of 250
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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.
11. 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).
12. 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.
13. 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.
14. 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.
15. 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 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.”
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B. Councilmember Appointments and Assignments
The City Council confirms, by a majority vote, Councilmember assignments to outside agencies, committees, taskforces and liaison roles.
C. 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 – ROLL CALL
2.3.PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
3. 4. APPROVAL OF MINUTES AND NOTICE OF WAIVING READING
5. RECEPTION (AS NEEDED)
6. ANNOUNCEMENTS
7. HONORARY MAYOR (AS NEEDED)
8. PROCLAMATIONS (AS NEEDED)
9. PRESENTATIONS (AS NEEDED)
10. APPROVAL OF FINAL AGENDA REVIEW
11. CITIZENS’ BUSINESS
12. CONSENT CALENDAR
13. DIRECTION ON FUTURE AGENDA ITEMS
14. PUBLIC HEARINGS (AS NEEDED)
15. REGULAR AGENDA
16. CORRESPONDENCE AND PENDING LEGISLATION
17. REORGANIZATION OF THE CITY COUNCIL (AS NEEDED)
18. CITY MANAGER’S REPORT
19. CITY COUNCILMEMBER REPORTS
20. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
21. ADJOURNMENT (TO CLOSED SESSION AS NEEDED)
B. City Council Policy on Opening Public Meetings
Following the Call to OrderPublic Comment on Non-Action Agenda Items at the 85 of 250
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start of every City Council meeting, the City Council will conduct the following ceremonial duties in the following order before beginning the business portion of the agenda:
• Roll Call
• Land Acknowledgment
• Pledge of Allegiance
The Roll Call entails calling for attendance of each City Council member individually, generally by the City Clerk.
The Land Acknowledgment, read aloud by the Chair of the meeting or their designee, generally another City Council member, shall be as follows:
"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.”
The Pledge of Allegiance, read aloud by the Chair of the meeting or their designee, generally another City Council member, shall follow the latest version of the Pledge of Allegiance promulgated per 4 U.S.C. section 4 in 1954, as follows:
"I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
D. 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.
E. Matters Not on the Agenda
Pursuant to the Brown Act, no action or discussion shall be undertaken on any 86 of 250
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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 on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
G. 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.
H. 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.
I. 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.
J. 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 87 of 250
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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.
F. Direction on Future Agenda Items
This agenda item is intended to allow the City Council, by majority consensus, to direct staff to bring new items forward for discussion at a future City Council meeting. However, each fiscal year, the City Council has also developed priority projects and programs that direct staff and budget resources. To ensure that the City Council is fully informed regarding the impact that any new items may have on the existing priorities and timing, the following process shall be followed to bring new items forward during the year:
1. Discuss any requested item(s) with the City Manager in advance of the City Council meeting to determine if it can be added without impacting the timing or ability to deliver on other existing City Council priorities.
2. If the City Manager believes that the proposed item is too large for current staff resources and will likely delay other existing City Council priorities, during “Direction on Future Agenda Items”, the City Council member should ask for the item to be added to a list of items that the City Council should discuss a the next mid-year or budget discussion, depending on the time sensitivity of the item. a. Alternatively, if the item is time-sensitive and would suffer by being delayed, the City Council member can request the new item(s) at the next City Council meeting, stating that in consultation with the City Manager this item could delay other existing City Council priorities but requests that this item come back for discussion sooner due to the need to discuss sooner. If a majority of the City Council agree to discuss the item further, staff will come back at a subsequent City Council meeting with a suggested re-prioritization of priority projects and programs, or other potential alternatives, for City Council to consider and agree by majority vote prior to initiating work on the new item.
G. 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 88 of 250
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fulfill their obligation to report on activities conducted at City expense. No extended discussion or action may be taken on these reports.
H. 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 11:00 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
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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.
I. 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.
J. 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.
K. 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.
L. 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 90 of 250
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motions, in accordance with Rosenberg’s Rules of Order. The exceptions all apply when there is a desire of the body to move on.
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.
6. Motion to adjourn [Simple Majority Vote]. This motion, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeting.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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:
13. Basic motion. The basic motion is the one that puts forward a decision for the City Council’s consideration.
14. 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.
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15. Motion to Commit or Refer [Simple Majority Vote]. Any Councilmember may move that the matter being discussed should be referred to a committee or 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 two- thirds vote if the item is to be immediately discussed by the Council at the time the motion to return is made.
16. 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.
17. 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.
18. 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.
K. 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 92 of 250
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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.
M. 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.
N. 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.
O. 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.
6. 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.
7. 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 up. A Councilmember who publicly announces that he/she is abstaining from 93 of 250
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voting on a particular matter may not subsequently withdraw his/her abstention.
P. 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.
Q. 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.
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 94 of 250
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made available to the City Council and the public at the City Council meeting no later than the start of the public meeting.
6. 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.
L. 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.
M. 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.
N. 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.
O. 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.
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.
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R. 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.
S. Time Allocation for Public Comment and Presentations
6. 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.ii. CONSENT CALENDAR
iv.iii. PUBLIC HEARINGS
v.iv. REGULAR AGENDA
vi.v.REORGANIZATION OF THE CITY COUNCIL (AS
NEEDED)
7. 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. If the City Council opens a Non-Action agenda item for discussion beyond Council follow-up questions or if the Council proposes to take any action, , that goes beyond Council follow-up questions,the City Council shall open the item for public comment.
8. Presentations: Presentations, appropriately calendared in accordance with the procedures herein, will be limited to a time period not to 96 of 250
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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.
9. 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.
10. 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.
11. Yielding Time: Speakers may not “yield” a portion of their allotted time to others.
P. 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.
Q. 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.
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.
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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.
12. 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).
13. 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.
14. The public hearing is closed.
15. The Council deliberates on the issue.
16. 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.
17. The Council then deliberates and takes action on a valid motion, as described herein.
R. 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.
S. 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 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.
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allocated time for a speaker.
18. Due Process
The Presiding Officer will conduct the meeting in such a manner as to afford due process.
19. Public Oral Presentations
All Council rules pertaining to oral presentation apply during public hearings, as described in E. Presentations, on page 7.
20. 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.
21. 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.
T. 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.
U. 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.
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
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T. 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.
U. 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.
V. 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.
W. 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.
X. 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.
Y. 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
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6. Planning Commission: Appointments to the Planning Commission shall be guided by the latest revised Cotati Municipal Code Section 2.16.010:
7. Design Review Committee: Appointments to the Design Review Committee shall be guided by the latest revised Cotati Municipal Code Section 2.19.010
8. 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.
9. Community and Environment Commission: INACTIVE
V. 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.
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 101 of 250
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(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.
Z. 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.
AA. 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:
6. On longer-term policy issues as time permits:
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.
7. 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.
BB. 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 102 of 250
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individual Councilmembers, and will be copied to the full Council.
CC. 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.
DD. 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
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
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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.
EE. 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.
FF.Respect for Process
Councilmember duties shall be performed in accordance with the processes and policy issues, the involvement of the public, and the implementation of policy decisions of the City Council by city staff.
GG. 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:
6. Everyone has a right to be heard;
7. Focus on the issue, not the person;
8. Be careful of how you say, what you say, and be aware of physical clues such as body language;
9. Listen carefully without interrupting;
10. We oppose all forms of discrimination and harassment.
11. We recognize and support the public's right to know the public's business.
12. We believe in involving citizens in policy decision-making.
13. We strive to exercise compassion, benevolence, fairness, and optimism.
14. We strive to respond to the public in ways that are complete, clear, and easy to understand
HH. 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.
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II. 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.
JJ. 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 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.
KK. 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.
LL. 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 105 of 250
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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.
MM. 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.
NN. 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.
OO. 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.
PP.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.
QQ. 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.
RR. 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.
SS. Policy Role of Members
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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.
TT. Positive Work Environment
Councilmembers shall support the maintenance of a positive and constructive environment for residents, businesses and City employees.
UU. 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.
VV. 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.
WW. 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 107 of 250
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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. 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.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: POTENTIAL 2025 DISCUSSION TOPICS FOR THE SONOMA
COUNTY MAYORS AND COUNCILMEMBERS
Date: April 22, 2025
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a motion providing the Mayor with the City’s top three priorities for regional consideration at the upcoming Sonoma County Mayors and Councilmembers Board of Directors meeting.
Background
The City of Cotati is a member of the Sonoma County Mayors and Councilmembers Association (SCMCA), which provides a space for education, collaboration and advocacy on issues of common interest among cities in Sonoma County. The Board of Directors of SCMCA has requested that each city provide a list of priorities that would be good topics for regional collaboration.
The following is the request from the SCMCA Clerk, “We [Board of Directors] kindly ask each City/Town Council to identify and prioritize three key issues within their jurisdiction that require attention or action. These priorities will be discussed collectively at an upcoming special MCA Board of Directors meeting to find shared solutions and foster collaboration. The goal is to present these consolidated priorities to the Sonoma County Board of Supervisors to ensure alignment and effective resource allocation. Your input is invaluable in shaping strategies that benefit the region as a whole.”
The tentative date for the special Board of Directors meeting is May 22, 2025.
Analysis/Discussion
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As stated in the Background, the goal of this item is to identify and prioritize three key issues in our community. At the upcoming Board of Directors meeting, each city will provide their own list, look for commonalities and ultimately agree on a set of priorities that the SCMCA can agree on to foster shared solutions and collaboration.
The Mayor and Vice-Mayor, with the City Manager, conducted an initial disucssion on some potential topics for the City Council to consider. However, these are just an initial list and subject to City Council discussion, additions, deletions and ultimately consensus. In no priority, the items for potential inclusion are:
1. Education in Sonoma County. Declining enrollment is beginning to impact our public school system and beginning conversations about ”right sizing” our school system.
There are many different organizations working to improve education, including various volunteer groups (PTAs, boosters) including business/corporate volunteers, new early child care funding (Measure I) coming in to supplement traditional State and Federal sources, and other funding sources that are not coordinated. For example, the City of Cotati provides after school and other enrichment programs at the Veronda Falletti Ranch. Additionally, there are 40 school districts in Sonoma County. Studies commissioned by the Sonoma County Office of Education recommend some consolidations to improve funding efficiencies.
2. Homeless Services in Sonoma County. The official mechanism for countywide collaboration is the Sonoma County Homeless Coalition Board, which is administered by County staff. The cities of Cotati and Rohnert Park have a joint representative, which is currently Rohnert Park Councilmember Elward. Cotati City Councilmember Sparks is the alternate. The cities of Santa Rosa and Petaluma are considered ”entitlement” cities, which means that they are direct recipients of all funding for homelessness and a variety of social services. The City of Cotati and the other incorporated cities in Sonoma County pool our populations together and pool it with the County so they can add it to the unincorporated area and pull in our collective local, State and Federal funding for homelessness and social services, among other funding sources. This is called the ”Urban County” and is why the City does not provide and is not funded for homelessness or social services directly - the County does this on our behalf. With uncertainty around Federal funding and continued efforts to improve the coordination and efficiency of the homeless system of care, there are renewed conversations around better coordination, reporting, accountability and ultimately funding. In particular, data collection and reporting needs further improvement to build confidence that the existing funds are being used most efficiently. This in turn will allow for prioritization of the most impactful programs and determination of funding gaps, if any.
3. Housing Supply. It is critical to the State, region and County to produce housing supply that people can afford. Without it, businesses are unable to recruit employees, and the local and state economy will suffer. The State Legislature has been focused on the cities and counties, primarily passing a torrent of legislation to limit local control, remove zoning limits and parking standards and allow for building ”by right”. As they reach the end of what is possible in these arenas, it is expected that they will begin focusing on 110 of 250
impact fees. These impact fees are critical to improve local infrastructure to meet the demands of new development; curtailing impact fees would continue the State shift of the burden to the cities. While the City has entitled numerous developments, many have not moved forward.
Invariably, the issue is that they can’t find financing for the project, the market changes, and ultimately the entitled project does not move forward. Historically, there have been financing structures set up to pay impact fees or build public infrastructure through collective bonding or the State Infrastructure Bank. To staff’s knowledge, the inability to finance projects in a sustainable way has not been the subject of any recent legislation or serious legislative discussions. The only similar initiative in recent years was through the Bay Area Housing Finance Authority (BAHFA), which was planning to seek voter approval for a large ($20 billion) housing bond, including some funds reserved for a revolving loan fund. However, due to organized opposition and close polling, the plan was shelved. Additionally, currently there is a measure in the State Legislature for a $10 billion statewide housing bond. As currently drafted, this would only be half of what was planned for BAHFA in the Bay Area only and would only be a one-time injection of funds into housing. For a sustainable source of funding, the State or the region could establish a revolving fund and play a role as a low or no interest bank, or potentially as a guarantor of commercial loans, to reduce the cost of borrowing money through traditional banks or private equity. This, in turn, could significantly lower the financial barrier to development and get more affordable housing projects going.
Financial Considerations
There are no direct financial impacts with providing a list of priorities to the SCMCA Board of Directors.
Environmental Issues
Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.
This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: DISCUSS CAL CITIES REQUEST FOR LETTERS OPPOSING SB 634 (PEREZ), AB 647 (GONZALES) AND SUPPORTING AB
650 (PAPAN)
Date: April 22, 2025
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council review the Cal Cities requests for support and opposition to three items of pending State legislation and if supportive of the Cal Cities position, adopt a motion authorizing the Mayor to sign and transmit the three attached letters.
Background
The City of Cotati is a member of the League of California Cities (Cal Cities), as are most cities in California. Cal Cities supports education of member cities and also supports advocacy at the State Legislature, particularly on issues of local control and unfunded state mandates.
In cases of urgent matters, the City Council Rules allow the Mayor to sign legislative position letters from Cal Cities. However, if there is sufficient time, Cal City requests are to come to the full City Council for consideration.
Analysis/Discussion
The City recently received two requests from Cal Cities, one to support AB 650 and another to oppose SB 634. The summary provided by Cal Cities is below, with the template letters attached.
Assembly Bill (SB) 650: Housing Element: Regional Housing Needs Allocation (Support) What the bill does: AB 650 would allow local governments to begin the housing element update process six months early, provide greater certainty and reduce ambiguity in the housing element 112 of 250
review process, and ensure that local governments have adequate time to respond to the California Department of Housing and Community Development’s (HCD) review letters.
Why this is important to Cal Cities members: AB 650 would help ensure that local jurisdictions have the necessary resources, feedback, and time to site and plan for housing within their jurisdiction, as required by state law. Specifically, AB 650 would:
• Allow local jurisdictions to begin the housing element update process six months early. • Require HCD to provide specific text and analysis that must be included in the housing element to remedy identified deficiencies.
• Ensure that local jurisdictions are not penalized when HCD identifies additional deficiencies not previously identified in prior review letters.
Senate Bill (SB) 634: Homelessness: Civil and Criminal Penalties. (Oppose) What the Bill Does: SB 634 severely limits cities' ability to respond to the growing homelessness crisis in communities across California by prohibiting local governments from adopting any regulation, policy, or guidance that imposes civil or criminal penalties on a person experiencing homelessness.
Why this is Important to Cal Cities Members: Cities are implementing balanced approaches that protect both the rights of individuals experiencing homelessness and the broader community’s needs for clean, safe, and accessible public spaces. Cities recognize the importance of connecting unhoused residents to housing and services, but without the ability to use civil or criminal enforcement remedies, cities have no meaningful way to respond to urgent health and safety concerns and protect public spaces.
Additional Background:
Local jurisdictions are already working within an evolving legal landscape, including recent federal court decisions like Johnson v. Grants Pass, which clarified constitutional limits on how cities can address homelessness through enforcement actions. SB 634 directly undermines this decision by stripping local governments of the authority to tailor enforcement strategies to their unique circumstances.
SB 634 directly contradicts cities’ efforts to address encampments and the Governor’s November 2024 executive order directing state departments and agencies to adopt policies to address homeless encampments on state properties. The executive order also encouraged local governments to adopt similar policies or risk losing access to state homelessness funding.
Assembly Bill (AB) 647: Housing Development Approvals: Residential Units (Oppose) What the Bill Does: Forces cities to allow up to eight housing units — only one of which is required to be affordable — on lots with an existing single-family home or in an area zoned for eight units or less, without any environmental review or public input.
Why this is Important to Cal Cities Members: AB 647 would empower developers to bulldoze nearly any home and replace it with eight new units. Once those units are constructed, Government Code Section 66323(a)(4) requires local jurisdictions to allow up to an additional 113 of 250
eight ADUs on the same lot, bringing the total allowable units to sixteen, while simultaneously ignoring existing height limits, density requirements, and parking standards.
Additional Background:
AB 647 fails to recognize the extensive public engagement and costs associated with developing and adopting zoning ordinances and state-mandated housing elements that are certified by the California Department of Housing and Community Development.
Every eight years, cities are required to spend tens of thousands of dollars on state-mandated housing plans. AB 647 is the latest attempt from the Legislature to disregard those plans and replace them with one-size-fits-all zoning mandates. These general fund dollars could be spent on parks, infrastructure, and other critical services.
Financial Considerations
There are no direct impacts from transmitting these letters to the State. If the legislation passes or fails to become law, there may be related currently unknown financial impacts.
Environmental Issues
Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.
This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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***CITY LETTERHEAD***
April 22, 2025
The Honorable Diane Papan
Member, California State Assembly
1021 O Street, Suite 4220
Sacramento, CA 95814
RE: AB 650 (Papan) Planning and Zoning: Housing Element: Regional Housing Needs Allocation.
Notice of SUPPORT (As of 3/28/25)
Dear Assembly Member Papan,
The City of Cotati is pleased to support your measure AB 650 (Papan), which would allow local governments to begin the housing element update process six months early, provide greater certainty and reduce ambiguity in the housing element review process, and ensure that local governments have adequate time to respond to the California Department of Housing and Community Development’s (HCD) review letters.
Since 1969, California’s local governments have planned and selected sites for housing at all income levels through the housing element portion of a local government’s general plan. Every five to eight years, local governments are required to adopt a blueprint outlining where developers can or cannot build residential developments within their respective communities and obtain certification from HCD. Local governments plan for their fair share of housing development as determined through the Regional Housing Needs Allocation (RHNA) process.
As part of this complex process, local governments submit in their housing elements a variety of essential data, actions, and programs to promote fair, equitable, and affordable housing in their community. Currently, local jurisdictions are planning and zoning for nearly 2.5 million additional homes statewide.
During the 6th RHNA cycle, local governments experienced various challenges in obtaining certification from HCD. Some of the challenges include a short timeline for completing these complex documents and responding to HCD’s feedback, a lack of clarity regarding what the state expects from local governments when reviewing additional housing element drafts, and the introduction of new requirements late in the housing element review process.
AB 650 would address these issues by allowing local governments to begin updating their housing element six months early. The bill would also require HCD to provide specific text and analysis that must be included in the housing element to remedy deficiencies, ensuring that local governments are not penalized when HCD identifies additional deficiencies not previously identified in prior review letters.
For these reasons, the City of Cotati is pleased to support your measure AB 650 (Papan).
Sincerely,
NAME
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TITLE
CITY/TOWN of ______________
cc. Your Senator & Assembly Member
Your League Regional Public Affairs Manager (via email) League of California Cities, [email protected]
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***CITY LETTERHEAD***
April 22, 2025
The Honorable Maria Elena Durazo
Chair, Senate Local Government Committee
California State Capitol, Room 407
Sacramento, CA 95814
RE: SB 634 (Pérez) Homelessness: civil and criminal penalties Notice of OPPOSITION (As Amended 03/26/25)
Dear Senator Durazo,
The City of Cotati must respectfully oppose SB 634 (Pérez), which would prohibit local jurisdictions from adopting or enforcing ordinances to address homelessness. While we recognize the bill’s intent, SB 634 would severely limit cities' ability to respond to the growing homelessness crisis in communities across California.
Cities are implementing balanced approaches that protect both the rights of individuals experiencing homelessness and the broader community’s needs for clean, safe, and accessible public spaces. SB 634 hinders this progress by prohibiting local governments from adopting any regulation, policy, or guidance that imposes civil or criminal penalties on a person experiencing homelessness. By eliminating all enforcement mechanisms, SB 634 gives people the right to stand, sit, lay, sleep, or put up a tent in any public place.
Cities have been sued by business owners for allowing encampments to block access to businesses and by disability rights advocates over encampments that have obstructed sidewalks and public spaces. Without the ability to use civil or criminal enforcement remedies, cities would face increased legal liability and more importantly, have no meaningful way to respond to urgent health and safety concerns. The City of Cotati recognizes that we must remain focused on connecting unhoused residents to housing and services, but cities also need basic tools to meet their legal obligations and protect public spaces.
SB 634 also directly contradicts cities’ efforts to address encampments in response to the Governor’s November 2024 executive order. The order directed state departments and agencies to adopt policies to address homeless encampments on state properties and encouraged local governments to adopt similar policies or risk losing access to state homelessness funding. Cities want to help the state to realize our shared vision of reducing homelessness and supporting our most vulnerable residents. However, SB 634 leaves cities without any enforcement tools, hindering cities' ability to carry out the Governor’s directive and jeopardizing state funding cities receive to address homelessness.
Local jurisdictions are already working within a complex and evolving legal landscape, including recent federal court decisions like Johnson v. Grants Pass, which clarified constitutional limits on how cities can address homelessness through enforcement actions. In response to the Grants Pass ruling, the Governor stated:
“Today’s ruling by the U.S. Supreme Court provides state and local officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets. 121 of 250
This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities.”
SB 634 directly undermines this decision by stripping local governments of the authority to tailor enforcement strategies to their unique circumstances. It also disregards the years of legal effort cities have invested to gain the clarity now provided by the Court.
The City of Cotati urges the Legislature to support policies that empower local governments to act with compassion and urgency — not tie their hands behind their backs. SB 634 does not reflect the nuanced, community-led solutions that are showing promise across the state. For these reasons, the City of Cotati must oppose SB 634 (Pérez).
Sincerely,
NAME
TITLE
CITY/TOWN of ______________
cc. Your Senator & Assembly Member
Your League Regional Public Affairs Manager (via email) League of California Cities, [email protected]
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***CITY LETTERHEAD***
April 18, 2025
The Honorable Mark González
California State Assembly
1021 O Street, Suite 6150
Sacramento, CA 95814
RE: AB 647 (González, M.) Housing Development Approvals: Residential Units.
Notice of OPPOSITION (As of 3/28/25)
Dear Assembly Member González,
The City of Cotati must oppose your AB 647 (González), which would disregard statemandated local housing elements and force cities to allow up to eight housing units — only one of which is required to be affordable — on lots with an existing single-family home or in an area zoned for eight units or less, without any environmental review or public input.
AB 647 would empower developers to bulldoze nearly any home and replace it with eight new units. Once those units are constructed, Government Code Section 66323(a)(4) requires local jurisdictions to allow up to an additional eight ADUs on the same lot, bringing the total allowable units to sixteen, while simultaneously ignoring existing height limits, density requirements, and parking standards.
The City of Cotati appreciates your desire to pursue a proposal that boosts housing production.
Unfortunately, AB 647 ignores local flexibility, decision-making, and community input, which are critical components that, when coupled with ongoing, dedicated funding, can help spur desperately needed housing construction in the state.
AB 647 and other ministerial or by-right housing approval processes fail to recognize the extensive public engagement and costs associated with developing and adopting zoning ordinances and state-mandated housing elements that are certified by the California Department of Housing and Community Development. It is concerning that cities are being forced to spend tens of thousands of dollars on housing plans only to have them pushed aside and replaced with one-size-fits-all zoning dictated by the Legislature.
For these reasons, the City of Cotati regretfully must oppose AB 647 (González).
Sincerely,
NAME
TITLE
CITY/TOWN of ______________
cc. Your Senator & Assembly Member
Your League Regional Public Affairs Manager (via email) League of California Cities, [email protected]
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Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED Date: April 22, 2025
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 2025-01: 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 2025-01 is available at the online meeting portal at www.cotaticity.gov or by request from the Deputy City Clerk at 707-665-3622 or [email protected]. 126 of 250