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, February 24, 2026
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 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/86008610191?pwd=Y2dpB8bCAI3T7P3Efy6wGhUnWbFbgD.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: 860 0861 0191 Passcode: 256061
+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 in writing and included as part of the record of the meeting. They will not be read aloud into the record at 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, in accordance with the City Council Rules of Conduct.
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.
Accommodations: Upon request, this agenda will be made available in appropriate formats to persons with disabilities as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to Cotati City Council Agenda February 24, 2026
participate in a meeting should contact the 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.
• Audience members are advised to keep conversations to a minimum or conduct them outside the building. • Members of the public are prohibited from speaking, yelling, or otherwise making loud noises from the audience that disrupt the orderly proceeding of the meeting.
• 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.
Public Comment: Public comment on any one agenda item is limited to no more than three (3) minutes per person, in accordance with the City Council Rules of Conduct.
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).
Announcements:
A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, if the City Council is considering an item in which action will be taken, citizens will be invited to provide comments relevant to the item being discussed.
The meeting agenda also includes a Citizen Business item, which is the designated place on the agenda where citizens have the right to comment on any matter within the City’s subject matter jurisdiction. However, Citizen Business items do not generally receive a response because the Brown Act prohibits the City Council from taking action or considering any item that is not on this agenda, so as to ensure that other members of the community who wish to provide comment are notified in advance through a properly noticed meeting agenda. Nonetheless, in accordance with the Brown Act, the Council may briefly respond, may ask a question for clarification, or may direct an item be placed on a future 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.” 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 nonemergency 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.
City Council meetings are conducted according to City Council Policy 2025-03: City Council Rules of Conduct. 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 - ROLL CALL
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 – FEB 10, 2026
3. PRESENTATIONS
A. COTATI HISTORICAL SOCIETY PRESENTATION
It is recommended that the City Council receive a presentation from the Cotati Historical Society. No action will be taken.
Cotati City Council Agenda February 24, 2026
4. AGENDA REVIEW (ACTION)
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 2025-03, 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 timer indicator lights will display yellow when there are thirty seconds remaining, and red when time has expired.
6. CONSENT CALENDAR (ACTION)
7. DIRECTION ON FUTURE AGENDA ITEMS
8. REGULAR AGENDA (ACTION)
A. CONSIDER SUBMISSION OF A LETTER OF INTEREST TO JOIN THE RENEWAL
ENTERPRISE DISTRICT JOINT POWERS AUTHORITY
It is recommended that that the City Council adopt a motion authorizing the Mayor to send a letter expressing interest to join the Renewal Enterprise District (RED) Joint Powers Authority, authorize the Mayor to express the same before the RED Board of Directors and authorize the City Manager to take all necessary steps to fully evaluate RED membership and make recommendations to the City Council at a future date.
B. CONSIDERATION OF A RESOLUTION AUTHORIZING APPLICATION TO AND
PARTICIPATION IN THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT PROHOUSING DESIGNATION PROGRAM
It is recommended that the City Council adopt the accompanying resolution authorizing application to and participation in the California Department of Housing and Community Development Prohousing Designation Program.
C. ANNUAL POLICE CHIEF REPORT TO THE COMMUNITY
It is recommended that the City Council receive and discuss the annual Police Chief report for the calendar year 2025.
9. LAND ACKNOWLEDGMENT & PLEDGE OF ALLEGIANCE
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 millenia. This acknowledgment does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.
10. CITY MANAGER'S REPORT & COUNCILMEMBER REPORTS
11. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
12. 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, Cotati City Council Agenda February 24, 2026
Veterans’ Memorial Building and the SMART Train Depot, on or before February 20, 2026. /s/ Kevin Patterson, City Clerk
MINUTES
JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE
FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, February 10, 2026
6:00 PM REGULAR MEETING
1. CALL TO ORDER - ROLL CALL
Mayor Lemus called the meeting to order at 6:00pm.
Attendee Name Title Status
Sylvia Lemus Mayor Present
Susan Harvey Vice Mayor Present
Ben Ford Councilmember Present
John Savage Councilmember Present
Laura Sparks Councilmember Leave of Absence
Staff Present: City Manager Damien O’Bid, City Attorney John Bakker, City Clerk Kevin Patterson, Director of Administrative Services Angela Courter, Director of Public Works/City Engineer Craig Scott, Police Chief Chris Simmons
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 – JAN 27, 2026 RESULT: Approve [4 TO 0]
MOVER: Ben Ford, Councilmember
SECONDER: Susan Harvey, Vice Mayor
AYES: Lemus, Harvey, Ford, Savage
NAYS: None
ABSENT: Sparks
No public comment.
3. PROCLAMATIONS (ACTION)
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI DECLARING THE MONTH OF FEBRUARY 2026 BLACK HISTORY MONTH 5 of 149
Cotati City Council Minutes February 10, 2026
Mayor Lemus read the proclamation. Proclamation was accepted by Raquel Holmes and members of the Black Student Union at Sonoma State University.
No public comment.
4. AGENDA REVIEW (ACTION)
No changes.
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 2025-03, 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 timer indicator lights will display yellow when there are thirty seconds remaining, and red when time has expired.
Public Comment:
George Barich of Cotati
Laurie Alderman of Cotati
Michael Ceremello
6. CONSENT CALENDAR (ACTION)
A. CONSIDERATION AND ADOPTION OF A RESOLUTION APPROVING 2026 ROLLIN' ROSIES CAR SHOW IN LA PLAZA PARK ON MAY 9, 2026 B. APPROVAL OF 2026 CITY OF COTATI KIDS DAY EVENT IN LA PLAZA PARK RESULT: Adopt [4 TO 0]
MOVER: Ben Ford, Councilmember
SECONDER: Susan Harvey, Vice Mayor
AYES: Lemus, Harvey, Ford, Savage
NAYS: None
ABSENT: Sparks
7. DIRECTION OF FUTURE AGENDA ITEMS
None.
8. REGULAR AGENDA (ACTION)
A. CIRA INSURANCE UPDATE
Presentation by City Manager Damien O’Bid.
Councilmembers comment.
Public Comment:
Laurie Alderman of Cotati
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Cotati City Council Minutes February 10, 2026
George Barich of Cotati
Michael Ceremello
B. MID-YEAR FINANCIAL REPORT FOR FISCAL YEAR 2025/26
Presentation by Director of Administrative Services Angela Courter.
Councilmembers comment.
Public Comment:
Laurie Alderman of Cotati
George Barich of Cotati
Michael Ceremello
RESULT: Adopt [4 TO 0]
MOVER: Susan Harvey, Vice Mayor
SECONDER: John Savage, Councilmember
AYES: Lemus, Harvey, Ford, Savage
NAYS: None
ABSENT: Sparks
C. STRATEGIC PRIORITY REVIEW AND UPDATE
Presentation by City Manager Damien O’Bid.
Councilmembers comment.
No public comment.
Council directed Staff to come back at a future meeting with options to finish projects already started, and then propose priority of remaining projects with available staff/resources. Council requested that the Downtown Parking Study be included as a project in FY 25/26.
D. TRAFFIC SIGNALIZATION PROJECT
Presentation by City Manager Damien O’Bid.
Councilmembers comment.
No public comment.
RESULT: Adopt [4 TO 0]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Lemus, Harvey, Ford, Savage
NAYS: None
ABSENT: Sparks
E. DISCUSSION ON POTENTIAL TOPICS FOR FUTURE COMMUNITY-POLICE 7 of 149
Cotati City Council Minutes February 10, 2026
ADVISORY COMMITTEE MEETINGS
Presentation by City Manager Damien O’Bid.
Councilmembers comment.
Public Comment:
George Barich of Cotati
Laurie Alderman of Cotati
Raquel Holmes of Cotati
Council directed staff to add an item to the upcoming Community-Police Advisory Committee meeting, for the committee to have a discussion around potential actions or polices the City Council might consider in order to best protect the community in the event of federal intervention in Cotati.
9. LAND ACKNOWLEDGMENT & PLEDGE OF ALLIGIANCE
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 millenia. This acknowledgment does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.
Public Comment:
George Barich of Cotati
Laurie Alderman of Cotati
Raquel Holmes of Cotati
10. CITY MANAGER'S REPORT & COUNCILMEMBER REPORTS
Report by City Manager Damien O’Bid.
Councilmembers report out on local and regional events and meetings.
11. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
12. ADJOURNMENT
Mayor Lemus adjourned the meeting at 8:23pm.
/s/ Kevin Patterson, City Clerk
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Cotati City Council
Agenda Staff Report
Item type: PRESENTATIONS
To: City Council
Subject: COTATI HISTORICAL SOCIETY PRESENTATION
Date: February 24, 2026
Written by: Kevin Patterson, City Clerk
Recommendation
It is recommended that the City Council receive a presentation from the Cotati Historical Society. No action will be taken.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: CONSIDER SUBMISSION OF A LETTER OF INTEREST TO
JOIN THE RENEWAL ENTERPRISE DISTRICT JOINT
POWERS AUTHORITY
Date: February 24, 2026
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that that the City Council adopt a motion authorizing the Mayor to send a letter expressing interest to join the Renewal Enterprise District (RED) Joint Powers Authority, authorize the Mayor to express the same before the RED Board of Directors and authorize the City Manager to take all necessary steps to fully evaluate RED membership and make recommendations to the City Council at a future date.
Background
The Renewal Enterprise District (RED) is a Joint Powers Authority (JPA) created in 2018 by the City of Santa Rosa and Sonoma County to accelerate the development of infill, transit-oriented, and climate-resilient housing. Formed after the 2017 wildfires, the RED aims to address the regional housing crisis by streamlining environmental reviews, leveraging private and public funding, and promoting equitable, high-density development.
In parallel with the RED, the RED Housing Fund (Renewal Enterprise District Housing Fund) was created primarily with seed funding from a portion of the PG&E Wildfire Settlement funds received by the City of Santa Rosa and the County of Sonoma. Structured as a 501(c)(3) public charity and launched in December 2018, the RED Housing Fund has its own Board of Directors and was created to provide low-cost, gap-filling capital to developers, aimed at accelerating "climate-smart," higher-density, multifamily, and affordable housing production in infill locations.
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Analysis/Discussion
In the City’s adopted Housing Element, Program 1-7 (provided below) directed staff to explore housing bond financing. Affordable housing projects take many years to develop due to the complex financing ”stack”, including needing to be successful in competitive grant cycles from various public agencies. In Housing Element Program 1-7, the intent is to explore options for lowering project financing costs through the issuance of tax-exempt bonds, potentially paired with public ownership that lowers on-going operating costs through exemption from property taxes. The goal is to fundamentally lower the development and operating costs, primarily of new multi-family projects, such that affordable housing units could be quickly brought on-line, rather than relying on the typical patchwork of grants, tax credits and financing cobbled together over many years. This same methodology could be applied to the purchase of existing multi-family housing buildings, but the initial focus was on new development due to the significant amount of undeveloped or underdeveloped property in the City’s Priority Development Areas.
HE Program 1-7: Essential Housing Bond Financing Program (Source: New Program, addresses local and regional needs and priorities) In partnership with a Joint Powers Authority (JPA) and non-profit asset manager, seek to utilize tax exempt bonds to fund: (1) the acquisition of existing market-rate multi-family buildings and restrict future rents to be affordable to households that earn extremely low to moderate incomes, and/or (2) the construction of new deed-restricted affordable housing. In order for asset managers to access these types of bonds, Cities must join a Joint Powers Authority (JPA) and authorize the JPA to issue these bonds on behalf of the City. The asset manager then purchases the multi-family buildings or initiates new development, using only money from the bond financing, and sets the rents to be affordable to low to moderate income households. Municipal ownership reduces or eliminates the property tax burden and reduces the financing interest costs due to the tax-exempt bond, reducing the carrying cost of the property, and allowing the reduced rents to be realized. • Responsibility: Community Development Department
• Funding: Housing Fund
• Timeframe: Establish JPA structure or join existing JPA by December 2023 • Geography: Citywide, existing and prior multifamily residential zones Options for Joint Powers Agencies (JPAs)
There are various statewide JPAs that could be potential partners for this type of affordable housing financing. For example, the City is a member of the California Statewide Communities Development Authority (CSCDA) JPA. Most recently, the Kessing Ranch development utilized the CSCDAs Statewide Community Infrastructure Program (“SCIP”) through the City’s authority to finance the project impact fees. These types of statewide JPAs require joining the JPA to plug into available programs, but do not typically allow for any governance or program design input and do not require annual fees to be a member of the JPA.
Locally, the City of Santa Rosa and the County of Sonoma jointly formed the Renewal Enterprise District (RED) JPA, as summarized in the background above. Currently, the RED 11 of 149
JPA is governed by a Board of Directors (RED Board) consisting of two (2) directors from Santa Rosa and two (2) directors from the County of Sonoma. The current members are Santa Rosa Councilmembers Flemming and Hermosillo and Supervisors Coursey and Banuelos. The Executive Director is Robin Stephani, an independent contractor, and the Treasurer is the Sonoma County Treasurer-Auditor. The RED Board typically meets on the first Wednesday of the month, every other month. The next meeting is scheduled for February 27, 2026, which is a special meeting.
The primary function of the RED Board has been to develop and approve the RED Project Criteria (attached), develop Legislative Principles (attached) and serve as non-voting Advisory Board Members on the RED Housing Fund Board of Directors. These documents advise the investment of the RED Housing Fund. It’s staff’s understanding that the RED Board members also nominate some of the RED Housing Fund directors, although the specifics would need to be confirmed.
The RED Housing Fund was used in part to finance the South Park Commons project completed by Freebird Development Company with a low interest loan. As can be seen in the tables below taken from the most recent financial statements posted from the RED Housing Fund, most of the original $20M in loaned funds are committed to various affordable and market rate projects, but notably with $7M coming due in 2027.
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Areas eligible for RED programs would typically be restricted to Priority Development Areas (PDAs), including the recently adopted Transit Oriented Development (TOD) infill area.
Aside from the potential interest to assist with the 120 East Cotati Avenue affordable housing project, the RED Board has established initial 2026 -27 priorities that could benefit the City and the region, including:
• Revising the RED Project Criteria to align with the Plan Bay Area 2050 to facilitate funding awards.
• Adding new members to the Joint Powers Authority
• Advocacy at the Bay Area Regional and State Level related to Opportunity Zones and other potential funding
• Pursuing emerging funding strategies such as Essential Function Bonds1, Master Leasing coupled with a Guarantee Fund, and Transportation Infrastructure Finance and Innovation Act (TIFIA) financing.
• Capital raising for JPA members and grants aimed at implementation of the Emerging Funding Strategies.
After the initial two (2) years of operation, the RED JPA opened for admission to new members, which can only be cities in Sonoma County. To date, no other cities have joined, which is likely attributable to the uncertain benefit from the initial investment by Santa Rosa and the County, as well as the annual costs (currently $50,000) and voting structure of the RED Board for amending the by-laws or project criteria, which currently requires a 2/3 vote of the directors in office plus unanimous consent of the Board members from the two founding members. In staff’s opinion, annual contributions should be scaled using a proxy that approximates relative budget sizes and amendment of the by-laws or JPA should only require a 2/3 vote, which is already a high threshold. Another factor to consider is if the vote is 2/3 of the members present or 2/3 of all board members, as this can be an issue if members fail to appear in person or remotely for Board votes.
Informally, City staff have been in conversation with the RED JPA staff to express these expected obstacles to joining. The RED JPA staff have been very receptive to potential changes to address these concerns, as they are looking to regionalize the JPA for the overall benefit of the communities in Sonoma County. Another potential initial option discussed was joining as an advisory (non-voting) member of the RED Board, as a type of low-commitment trial period to understand the potential benefits and time commitments.
Given the potential for regional collaboration, pooling resources and potentially opening up new funding opportunities, staff is recommending taking the initial step of expressing interest in joining, pending resolution of the governance, funding allocation and membership cost issues.
As outlined in the New Member Protocol (attached), the initial step would be to draft a letter expressing interest in joining and addressing the RED Board to express the same (see draft letter attached). If the City Council authorizes this initial step, it would authorize the Mayor to send 1 Essential Function Bonds are tax-exempt municipal bonds issued by state and local housing authorities to finance the acquisition, construction, or rehabilitation of affordable, publicly owned workforce housing and community facilities, as described in Housing Element Program 7-1, above. 13 of 149
the initial letter expressing interest and delegate the Mayor to address the RED Board at an upcoming meeting. Additionally, it would authorize City staff to begin working with the RED JPA staff to make the necessary governance or other changes needed to move forward. If the RED JPA moves forward with an Advisory Member role, the City Council may also be asked to appoint a member to this role, and if the City of Cotati ultimately adopts the resolution and signs onto the RED JPA, there would be a need to appoint a City Council member and alternate to this regional body. Regardless, staff view this as a potentially good local option for regional collaboration and opportunity for innovation and new funding sources. Also, it does not foreclose the City’s ability to also leverage other available resources, such as the CSCDA, as described earlier.
Financial Considerations
In accordance with the RED JPA By-Laws, the two founding members (Santa Rosa and County of Sonoma) provide annual dues of $50,000 each. In preliminary discussions with the RED JPA, it was communicated that to join, the City of Cotati would likely need a proxy metric (such as population) that approximates relative budget sizes to determine annual dues, but the preference was to structure the RED JPA to be self-sustaining by collecting interest or service revenue on investments. As such, no contributions of funds are required at this time.
While most of the RED Housing Fund loans are not coming due in the near future, approximately $7M could be available in 2027, subject to the lending requirements of Sonoma County and the City of Santa Rosa.
The RED Housing Fund’s current lending capital is comprised of a $10 million loan from the City of Santa Rosa, a $10 million forgivable loan from the County of Sonoma, and a $1 million loan from Enterprise Community Loan Fund to further support additional projects in the pipeline. Lastly, the Fund was awarded a $1 million grant under the California State Department of Housing and Community Development's Local Housing Trust Fund (“LHTF”) Program to be used for additional lending capital.
The capital from the City of Santa Rosa is currently required to eventually repay in full. The capital provided by the County of Sonoma is represented as a loan payable on the RED Housing Fund’s balance sheet, as the RED Housing Fund is required to adhere to specific financial covenants as a condition for forgiveness. The loan is forgiven in equal, $500,000 annual installments over the loan’s twenty-year term if the RED Housing Fund abides by the covenants set forth in its loan agreement.
The RED JPA currently has no significant programs, with revenue comprised only from member assessments and expenditures related to the contract executive director, County auditor fees and similar. However, as described earlier, the RED JPA intends to become much more active moving forward into Fiscal Year 2026-27 and beyond.
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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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A Powerful Collaboration to Accelerate Housing Development April 2019
Problem Statement
The October 2017 fires exacerbated an already significant housing shortage in Sonoma County and caused significant increases in rents and home prices. Rising costs are causing workers to commute long distances or move away, making it harder for employers ‐‐ including businesses, hospitals, schools, and local governments ‐‐ to recruit and retain a skilled workforce, and impacting our ability to meet local climate goals. Residents who remain in Sonoma are left with reduced spending power, which is especially challenging for those experiencing poverty.
The housing shortage in Sonoma and throughout California has myriad causes, from federal tax policy, localized opposition to growth, and complex real estate market forces. Together, these factors have driven up costs, created increased uncertainty, and lengthened development timelines, with the tragic result that housing construction is not keeping up with job growth and housing needs.
If the pace of housing production is not accelerated well beyond historic levels, the impacts on the economy, climate change, quality of life, and the health and well‐being of Sonoma residents could be dire.
Sonoma’s Solution
Given the nature of the housing challenges, accelerating housing production will require new approaches and heightened levels of collaboration across all sectors. The County of Sonoma and City of Santa Rosa recognize their obligation to deepen their coordination around planning, entitling, and assembling public financing to make it as easy and cost‐effective as possible for builders and developers to produce the needed housing stock that aligns with our community values. To that end, the two jurisdictions have formed a Renewal Enterprise District, or RED, as a Joint Powers Authority. The purpose of the RED is to create a trusted, replicable and enduring model of housing and community development to meet the changing needs of the 21st century. The Santa Rosa City Council and the Sonoma County Board of Supervisors have endorsed a goal of creating 30,000 new homes county‐wide by:
Taking a regional approach to housing planning and production Pooling and leveraging financing tools and funding sources Sharing the risks and benefits of development in new ways Streamlining environmental review of housing near jobs and transit Putting equity, affordability, and climate resiliency in the center of our housing and economic development
This ambitious housing agenda will focus development in areas already designated in adopted General Plans, and will include creating higher density rental and ownership opportunities for a range of incomes on infill sites, near transit, and close to services, so that urban separators are preserved, and Sonoma’s working lands and open spaces are protected.
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Expected Benefits
City and County officials recognize that the housing will be produced by the private sector, and that local government’s role is to create the conditions to spur the kind of development that will meet our shared goals. Reducing cycle times for all parts of the entitling process, providing financing options that can leverage private debt and equity, creating regulatory certainty, and strategically using publicly‐owned land are all outcomes that RED leaders and participants will strive for in the first two years. Success will ultimately be measured by the actual number of units produced in the next five to ten years as compared with the pace of construction over the prior decade.
The County and City have a unique opportunity to demonstrate how leveraging these various stakeholders and financial tools can support the creation of infill development. The layering includes alignment of the following:
Local incentives and streamlining policies;
Downtown specific plan updates and CEQA review;
County and City EIFDs;
Use of Federal Opportunity Zones for private investment; County and City support through a newly formed regional approach to housing ‐ Renewal Enterprise District (RED);
Efforts of philanthropic, non‐profit, and private sector partners, including Community Foundation Sonoma County, Santa Rosa Metro Chamber, Bay Area Council Economic Institute, CA Fwd, and developers.
The RED responds to concerns about the severe lack of housing raised by the business community, school districts, health sector leaders, and residents generally. Housing creation, which supports stability for employers and workforce development, is foundational to economic renewal in the region.
Initial Successes
• The William and Flora Hewlett Foundation provided a $1 million two‐year grant to support start‐up and implementation;
• The governing bodies of the City and County both voted to form the JPA in December 2018; the first meeting of the JPA Board was held in February 2019; • The City of Santa Rosa Council took the following actions to encourage infill development:
o Reduced discretionary action for design review and the use permit process for housing projects in the downtown and the City’s four other PDAs (increases certainty and reduces time and cost).
o Implemented a Downtown High‐Density Residential Incentive Program Reduction of impact fees: up to 67% reduction based on height including a deferral of water and sewer fees with additional reduction for affordable units. o Downtown Specific Plan Update ‐ With the funding support from MTC, began the process of updating the specific plan to consider increasing building height, decreasing parking requirements and implementing VMT.
o Created an “Express Permitting” process for downtown infill, designed to take an 18‐ month process down to approximately 6 months.
o Created prospectus to support the Federal Opportunity Zone in Downtown. o Implemented aggressive Density Bonus – up to 100% density bonus in the Downtown Station Area Specific Plan.
o Authorized the evaluation of city property in the downtown for housing development partnerships.
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The County of Sonoma has taken the following actions to encourage housing:
o Created a comprehensive Recovery & Resiliency Framework that emphasizes the importance of new housing approaches to the overall health of Sonoma County. o Engaged Bay Area Economic Institute to develop data and indicators of economic and social well‐being that can be tracked publicly and used guide policy‐makers into the future.
o Garnered new sources of funding and financing to promote housing development. o Entered into negotiations with a developer for new housing on a parcel of County‐ owned land which will benefit from an innovative economic partnership. o Enacted new ordinances and streamlined administrative processes to accelerate construction of accessory and other small units in unincorporated Sonoma County.
Taken together, these actions hold promise for expediting the creation of needed housing and lay the groundwork for further advancements within the new RED JPA.
Next Steps
Finalize RED criteria to reflect our community’s policy priorities Develop strategic public communications to drive momentum Solicit projects
Complete analysis of infrastructure needs
Explore development of Enhanced Infrastructure Financing Districts in Opportunity Zones Continue efforts to organize public, private and philanthropic sources of capital in new ways to effectively leverage local funds and incentive projects that meet RED criteria and priorities Finalize updates to Specific Plans for targeted, streamlined development Ensure coordination of local housing efforts
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Renewal Enterprise District
Project Criteria
Infill Site Mid to High
Density
Residential/
Mixed Use
Transit-rich/
Planned
Area
Projects require ALL of the following threshold criteria:
One or more of the following evaluation criteria:
On or Offsite Affordable, Workforce,
and/or Mixed-Door Housing
Multi-modal (Transit, bike, pedestrian)
Energy or Water Efficiency and/or
Innovative Design
Onsite Child Care
Public Outdoor Space
Prevailing Wage, Certification, and/or
Apprenticeship with Labor Unions
Serves a Disadvantaged Community
Project Readiness
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Exhibit A
Renewal Enterprise District (RED) Project Criteria
As articulated in the joint powers agreement creating the Renewal Enterprise District, the goals and purpose of the RED include the following:
• Achieving the Founding Members’ fire recovery rebuild goals and meeting current and previously unmet regional housing needs, within five years;
• Honoring community separators and urban growth boundaries, and implementing existing and future general plans and specific plans;
• Incentivizing higher density, infill, and transit-oriented housing in Priority Development Areas, Transit Priority Areas, Designated Opportunity Zones, Rural Investment Areas, and Employment Investment Areas;
• Promoting zero net energy development and advancing climate resiliency at the regional, neighborhood, and homeowner scale;
• Ensuring affordability and equity in housing development; • Improving opportunities for local employers to recruit and retain a skilled workforce; and • Ensuring transparency and accountability regarding achievement of housing goals.
RED Project Criteria
STEP ONE: MEET THRESHOLD CRITERIA
A project must meet all four threshold criteria to be considered as a RED Project.
A project that meets all four threshold criteria may proceed to Step Two. If a project does not meet all threshold criteria, it cannot qualify as a RED Project. 1 The project must be located on an infill site. “Infill site” is defined as a lot located within the incorporated City of Santa Rosa, or within an urban service area in the unincorporated County of Sonoma, that:
a. Has been previously developed, or
b. Is a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses.
“Urban service areas” are defined in the Sonoma County General Plan. (Adapted from Pub. Resources Code § 21099(a)(4).)
2 The project must provide mid- to high-density development. The project must achieve a density that is above the mid-point of the density range allowed in the local jurisdiction’s base zoning for the project site, without applying density bonus. For example, if a local zoning code allows density between 10-20 dwelling units per acre, the project must deliver over 15 dwelling units per acre. 3 The project must be located entirely within a Transit Priority Area, Priority Development Area, Rural Community Investment Area, Specific Plan Area, High-Quality Transit Corridor or Qualified Opportunity Zone.
• “Transit Priority Area” (TPA) is defined as an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan. (Reference: Pub. Resources Code, § 21099(a)(7).) 20 of 149
STEP ONE: MEET THRESHOLD CRITERIA
A project must meet all four threshold criteria to be considered as a RED Project.
A project that meets all four threshold criteria may proceed to Step Two. If a project does not meet all threshold criteria, it cannot qualify as a RED Project. • “Priority Development Area” (PDA) means a specifically defined geographic area, identified by a local jurisdiction to be appropriate for residential and commercial development, that is incorporated into Plan Bay Area or its successor plan(s). PDAs are incorporated into Plan Bay Area, which is the Bay Area region’s state-mandated Sustainable Communities Strategy (SCS) that integrates transportation, land use and housing to meet greenhouse gas (GHG) reduction targets set by the California Air Resources Board. PDAs are typically accessible to transit, jobs, shopping, and other services. PDAs incorporated in Plan Bay Area may be viewed here:
https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area2050/explore?location=38.383150%2C-122.858757%2C11.22. • “Rural Community Investment Area” (RCIA) means one of six designated rural planning areas that arose during the SCS process for developing Plan Bay Area. RCIAs are centers and corridors of economic and community activity surrounded by agricultural, resource or protected conservation lands in unincorporated Sonoma County. As of February 2020, RCIAs are located in Forestville, Graton, Guerneville, Larkfield, Penngrove, and The Springs. (See SCTA Priority Development Area Investment & Growth Strategy, June 12, 2017.) • “Specific Plan Area” means a geographic area for which a specific plan, as defined by Gov.
Code § 65451, has been adopted.
• “High-Quality Transit Corridor” is defined as a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. (Reference: Pub.
Resources Code, § 21155(b)(3).)
• “Qualified Opportunity Zones” means those areas designated by the Governor as opportunity zones and identified on the State of California Department of Finance website. As of February 2020, Opportunity Zones designated in the City of Santa Rosa include the Downtown Opportunity Zone and Roseland Opportunity Zone. A portion of the Springs area of unincorporated Sonoma County (identified as Census Tract 1503.05) is also a designated Opportunity Zone.
4 The project must be residential or mixed use residential. “Residential or mixed use residential” means a project where at least 75% of the total building square footage of the project consists of residential use. (Reference: Pub. Resources Code § 21159.28(d).) 21 of 149
STEP TWO: EVALUATION CRITERIA
Projects that meet all Threshold Criteria (Step One) will be evaluated based on the project’s incorporation of one or more of the Evaluation Criteria below.
A On-site affordable units. The project includes physical construction on-site of units deed restricted to be available at an affordable housing cost1to extremely low-income, very lowincome, and/or low-income2 persons or households, based on the current income limits for Sonoma County published by the state Department of Housing and Community Development (“HCD”) for each income level and adjusted for household size. Qualifying on-site affordable units may include, but are not limited to, any affordable units required for density bonus and compliance with local ordinances. Projects providing on-site affordable units that vary from this standard may be considered under this category if the level of affordability is equivalent and the variation is necessary for compliance with a specific state or federal housing or financing program.
B On-site workforce housing. The project includes physical construction of restricted on-site workforce housing. “Workforce housing” means housing units that are (1) available at an affordable cost to persons and households earning between 80% and 120% of area median income, and (2) located proximate to jobs-rich areas. For purposes of this criterion, “affordable cost” for a rental unit is defined as in Criterion A, adjusted for income and household size; for an owner-occupied unit, “affordable cost” is defined as the maximum purchase price that will be affordable to the specified household size, calculated in accordance with Health & Safety Code § 50052.5 for a moderate-income household.
C On-site “Affordable by Design” units. The project includes unrestricted “affordable by design” housing. In general, housing units that are affordable by design are smaller than typical marketrate units, more efficient, or have fewer amenities. Affordability by design may generally may be achieved by: developing smaller units; using stick-built lower-rise construction; and providing reduced or unbundled parking in areas that are within walking distance to transit or an employment center.
D Proximity to Transit. The project is located within ½ mile of a Major Transit Stop, Transit Station or High-Quality Transit Corridor.
• “Major Transit Stop” is defined as a site containing an existing rail or bus rapid transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, or a major transit stop included in the applicable regional transportation plan. (Reference: Pub. Resources Code, §§ 21155(b)(3); 21060.2; 21064.3.)
• “Transit Station” is a rail station or bus transfer station. • “High-Quality Transit Corridor” is a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. (Reference: Pub. Resources Code, § 21155(b)(3).)
1 “Affordable housing cost” is defined consistent with state law as not more than 30 percent of gross household income, with variations, and “housing cost” commonly includes rents or mortgage payments, utilities, and property taxes and insurance for owner-occupied housing. 2 HCD defines these income levels as a percentage of area median income (“AMI”) consistent with state law, as follows: extremely low-income (0-30% of AMI), very low-income (30%-50% of AMI), and low-income (50%-80% of AMI).
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STEP TWO: EVALUATION CRITERIA
Projects that meet all Threshold Criteria (Step One) will be evaluated based on the project’s incorporation of one or more of the Evaluation Criteria below. • “Within ½ mile” means that all parcels within the project have no more than 25 percent of their area farther than ½ mile from the stop or corridor. (Reference: Pub. Resources Code, §21155(b)(3).)
E Energy Efficiency. Project energy efficiency features exceed local and state requirements applicable to the project.
F Water Efficiency. Project water efficiency features exceed local and state requirements applicable to the project.
G Excellent and innovative design. The project reflects excellent or innovative design. Examples include, but are not limited to, innovative incorporation of private open spaces such as rooftop patios or gardens; “living” roofs; “living” walls; activated retail or neighborhood serving uses at street level; street level residential uses with street orientation; on-site or off-site installation of public art demonstrating excellence in aesthetic quality, workmanship, innovation and creativity; fitness areas/facilities; restaurants; grocery stores or neighborhood markets; gathering spaces; outdoor amenities such as benches and tables; community gardens; common kitchen facilities; use of universal design).
H On-site child care. Project includes construction of a child care facility/after school care facility or programming located on the premises of, as a part of, or adjacent to, the project. “Child care facility” means a facility installed, operated and maintained for the nonresidential care of children.
I Prevailing wage. Project provides prevailing wage, labor certification and/or apprenticeship programs with local labor unions.
J Public outdoor spaces. The project provides public outdoor spaces or communal living spaces.
Examples include, but are not limited to: parklets, micro-parks, public squares or gardens, climbing walls, community gardens, urban parks and similar outdoor features that are usable and enhance quality of life.
K Bicycle or pedestrian connectivity and/or pedestrian access. The project incorporates bike or pedestrian connectivity or pedestrian access. Examples include: Class 2 bike access and connectivity, bike parking, pedestrian safety features at or near crosswalks, and/or access to nearby transit stops.
L Located within a disadvantaged community. “Disadvantaged community” is defined as an area identified by the California Environmental Protection Agency pursuant to California Health and Safety Code § 39711, or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. (Reference: Cal. Government Code, § 65302(h)(4)((A), (C).) M Off-site construction of affordable housing, workforce housing or units that are “affordable by design”. The project includes physical construction of off-site affordable housing, workforce housing, or housing that is “affordable by design,” or rehabilitates existing structures in disrepair pursuant to applicable state and local laws.
N Mixed door housing. Project integrates affordable and/or workforce units, as applicable, side by side with market-rate units.
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IMPLEMENTATION
• At the discretion of the Board, RED Project funding commitments may be contingent on project readiness, which may be demonstrated by showing that any predicate legislative actions (e.g., rezoning) have been approved, that CEQA review is completed, and/or that major entitlements have been granted.
• RED Project funding commitments shall expire 18 months after the date of approval. The Board may, in its sole discretion, consider a one-time extension of an additional 18 months for good cause, upon written request by the applicant setting forth the basis for good cause. 24 of 149
1 2020 Legislative Principles
The formation of the Renewal Enterprise District (RED) Joint Powers Authority by the County of Sonoma and City of Santa Rosa provides the opportunity to address persistent housing challenges in new ways, including piloting new financing vehicles that may be available through state and federal sources.
Goal: Support policies aimed at increasing production of housing and increasing funding to produce and preserve affordable and mixed income housing and associated infrastructure to help build complete communities.
Action: Sponsor or support legislation that would:
1. Preserve or expand existing funding sources, or create new sources that further the purposes identified in the RED’s Joint Powers of Exercise Agreement, including:
a. Achieving the Founding Members’ disaster recovery goals and meeting current and previously unmet regional housing needs
b. Honoring community separators and urban growth boundaries, and implementing existing and future general plans and specific plans c. Incentivizing higher density, infill and transit-oriented housing in Priority Development Areas, Transit Priority Areas, Designated Opportunity Zones, Rural Community Investment Areas, and Employment Investment Areas d. Promoting zero net energy development and advancing climate resilience at the regional, neighborhood, and homeowner scale
e. Ensuring affordability and equity in housing development f. Improving opportunities for local employers to recruit and retain a skilled workforce
g. Ensuring transparency and accountability regarding achievement of housing goals
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2020 Legislative Principles, continued
2 2. Incentivize jurisdictional cooperation and regional housing planning.
3. Prioritize projects and reward jurisdictions that focus local resources to meet highest climate readiness and resilience criteria, and to areas impacted by natural disaster.
4. Address disparities in housing.
5. Ensure that disaster recovery resources reach all impacted households, including those with the lowest incomes who are often the hardest hit by disasters and have the fewest resources to recover.
6. Support local government planning, coordination and delivery of a broad array of programs to improve health, human, housing, energy and transportation services that could stabilize and transition underserved communities to sustainable and secure communities.
7. Support incentives for jurisdictions that provide opportunities for more infill housing, including affordable and transit-oriented developments and encourage the siting of these developments near transit rich areas.
8. Increase funding available for affordable housing and other supportive infrastructure while also reducing the cost of housing production.
9. Support upzoning near public transit and jobs-rich areas with reasonable levels of flexibility.
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Item 6b, Exhibit B
Adopted Protocol for Joining the Renewal Enterprise District Joint Powers Agency
Purpose: This protocol is designed to provide a basic roadmap for a qualified public agency to follow in pursuing an interest in joining the Renewal Enterprise District (RED) Joint Powers Agency.
I. Qualification: An interested party must be an entity that qualifies to become a member of a California joint powers agency according to the standards listed in Joint Exercise of Powers Act (SB 1350, Senate Local Government Committee, 2000), which and can be found in Government Code 6500-6536
(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNu m=6500.). Additionally, the interested entity must be an incorporated city or town within Sonoma County and be willing to agree to the terms of the Renewal Enterprise District Agency Joint Exercise of Powers Agreement (“JPA”).
II. Declaration of Intent: Next, a qualified interested city or town must contact the RED staff and request to be placed on the RED Board agenda to address the board regarding the qualifications and interests of the entity represented.
III. Financial Contribution: The RED is funded through a local budget. The cost of the local budget is split equally among the members of RED. If the addition of a New Member, as defined in the JPA, coincides with the start of a new fiscal year, all members’ contributions to the local budget will be adjusted accordingly. If an entity desires to join RED during the course of a fiscal year, the local budget contribution will be assessed based on a pro-rata share of the current fiscal year, per member cost, determined by which quarter within the fiscal year the entity signs the JPA. In the latter case, all members’ contributions will be readjusted at the beginning of the next fiscal year. A pro-rata invoice will be submitted upon passing of the board resolution and will be payable within thirty (30) days of submittal. Complete fiscal year invoicing will follow the regular member invoicing schedule.
IV. Board Consideration: The RED Board shall consider the request of a qualified interested entity to join RED. If approved, the RED Board shall pass a motion deeming the qualifications and intent sufficient for membership and directing staff to provide the necessary information to complete the process.
V. New Member Resolution: A resolution accepting the RED JPA terms and any other requirements of RED, including the Financial Contribution described in Section III above, must be approved by the New Member’s governing body. Once approved, the signed resolution must be submitted to the RED Executive Director.
VI. Signing of the RED JPA: The JPA should be reviewed by the New Member’s legal counsel. A wet signature page must be submitted to RED staff.
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<City Letterhead>
February 24, 2026
Victoria Flemming, Chair
Renewal Enterprise District
[Address]
SUBJECT: DECLARATION OF INTEREST TO JOIN THE RENEWAL ENTERPRISE
DISTRICT
Dear Chair Flemming,
On behalf of the City Council of the City of Cotati (Cotati), this letter serves as the notice of interest to initiate discussions to join the Renewal Enterprise District Joint Powers Authority (RED JPA). Given the statewide imperative for housing and our individual efforts to accelerate housing across the income spectrum for our communities, we believe the time is now to collaborate on innovative approaches across jurisdictions for our collective benefit. The RED JPA is the ideal forum to drive countywide collaboration and innovation.
In accordance with the Adopted Protocol for Joining the Renewal Enterprise District Joint Powers Agency, I am requesting that an agenda item be placed on a future RED Board of Directors agenda to discuss Cotati’s interest in joining the RED JPA.
Sincerely,
Sylvia Lemus
Mayor
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JOINT EXERCISE OF
POWERS AGREEMENT
of the
RENEWAL
ENTERPRISE
DISTRICT
(Amended 9/14/2021)
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Table of Contents
RENEW AL ENTERPRISE DISTlUCT .................................................................................. 1 RECITALS ........................................................................................... ............................................... I AGREEMENT TERMS ...................................................................................................................... 2 Article I: Definitions ................................. ............................................................................ ............. 2 Section 1.01 - Definitions . .................................................................................................................. 2 Article II: Agency Formation ............................................................................................................ 3 Section 2.01 - Effective Date and Term ............................................................................................. 3 Section 2.02 - Formation of the Agency ............................................................................................. 3 Section 2.03 - Purpose of the Agency ................................................................................................. 3 Article !ll: Powers ............................................................................................................................. 3 Section 3 .0 I - Powers . ........................................................................................................................ 3 Section 3.02 -- Limitation on Powers .................................................................................................. 4 Section 3.03 -- California Environmental Quality Act (CEQA) ......................................................... 4 Section 3 .04 - Preservation of Powers ................................................................................................ 4 Section 3.05 - Public Meeting for Review of Agreement... ....................................... ......................... 4 Article IV: Membership .................................................................................................................... 5 Section 4.01 - Members ...................................................................................................................... 5 Section 4.02 - New Members ............................................................................................................. 5 At1icle V: Governance and Internal Organization ............................................................................. 5 Section 5.01 - Board of Directors ....................................................................................................... 5 Section 5.02 - Directors and Alternates .............................................................................................. 5 Section 5.03 - Officers of the Board ................................................................................................... 6 Section 5.04 - Appointment of Officers of the Board ......................................................................... 6 Section 5.05 - Regu lar Meeting Schedule ........................................................................................... 6 Section 5.06 - Conduct of Board Meetings ............................................................................ ............. 6 Section 5.07 - Quoru1n ........................................................................................................................ 6 Section 5.08 - Voting .......................................................................................................................... 6 Section 5.09 - Unanimous Voting Requirement. ................................................................................ 6 A11icle VI: Board Committees ........................................................................................................... 7 Section 6.0 I - Committees of the Board ............................................................................................. 7 Artic le VII: Operations and Management ......................................................................................... 7 Section 7.01 - Executive Director ....................................................................................................... 7 Section 7.02 - Legal Counsel and Other Officers ............................................................................... 7 Section 7.03 - Employees and Management. ...................................................................................... 7 Section 7.04 - Principal Office ........................................................................................................... 7 Section 7.05 - Bylaws ......................................................................................................................... 8 Section 7.06 - Policies ........................................................................................................................ 8 30 of 149 Section 7.07 - Official Seal and Letterhead ........................................................................................ 8 Section 7 .08 - Conflict oflnterest Code ............................................................................................. 8 Article VIII: Financial Provisions ..................... ................................................................................ 8 Section 8.01 - Establishment of Funds ............................................................................................... 8 Section 8.02 - Fiscal Year ................................................................ ................................................... 8 Section 8.03 -Treasurer and Annual Audit. ........................................................................................ 8 Section 8.04 - Funds; Property; Bonds ............................................................................................... 8 Section 8.05 - Budget. ........................................................................................................................ 9 Section 8.06 - Agency Funding .......................................................................... ................................. 9 Section 8.07 - Indemnity and Insurance ............................................................................................. 9 Section 8.08 - Agreements With Member Agencies .......................................................................... 9 Section 8.09 - Withdrawal of Members ............................................................................................ 10 Section 8.10 - Tennination of Members ........................................................................................... 10 Section 8.1 1 - Continuing Obligations upon Withdrawal or Tennination ........................................ I 0 Section 8 .1 2 - Dissolution ................................................................................................................. 10 Section 8.13 - Disposition of Property Upon Tennination of Agency or Board Detennination of Surplus ............................................................................................................................................... 10 A1t icle IX: Miscellaneous Provisions ............................................................................................... 11 Section 9.01 - Agreement Complete ................................................................................................. 11 Section 9.02 -Ainendrnent. .............................................................................................................. 11 Section 9.03 - Successors and Assigns ............................................................................................. 11 Section 9 .04 - Dispute Resolution .................................................................................................... 11 Section 9.05 - Execution In Parts Or Counterparts ........................................................................... 12 Section 9.06 - Member Authorization .............................................................................................. 12 Section 9.07 - No Predetermination or Irretrievable Commitment of Resources ............................ 12 Section 9.08 - Notices ....................................................................................................................... 12 Section 9.09 - Severability And Validity Of Agreement. ................................................................. 12 SIGNATURE LINES ................................................................................................................... 13 II
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RENEWAL ENTERPRISE DISTRICT AGENCY
JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT ("Agreement") fo1ming the Renewal Enterprise District ("Agency") is made and entered into as of b.e ~ b -€.A,, Ly , 2018 ("Effective Date"), by and among the City of Santa Rosa and the County of Sonoma (collectively "Founding Members" and individually "Founding Member") for the purpose of creating a regional, coordinated, multi-jurisdictional entity to address housing development challenges and to increase the overall pace and capacity of housing construction county wide.
RECITALS
A. In October, 2017, Sonoma County and the City of Santa Rosa experienced unprecedented complex wildfires, resulting in the destruction of nearly 5,300 homes and exacerbating an existing housing crisis. The Renewal Enterprise District meets the equally urgent needs to rebuild lost homes and to address the severe shortage of homes.
B. The purposes for entering into this Agreement include:
1. Achieving the Founding Members' fire recovery rebuild goals and meeting current and previously unmet regional housing needs;
2. Honoring community separators and urban growth boundaries, and implementing existing and future general plans and specific plans;
3. Incentivizing higher density, infill, and transit-oriented housing in Priority Development Areas, Transit Priority Areas, Designated Opportunity Zones, Rural Investment Areas, and Employment Investment Areas;
4. Promoting zero net energy development and advancing climate resiliency at the regional, neighborhood, and homeowner scale;
5. Ensuring affordability and equity in housing development;
6. Improving oppmiunities for local employers to recruit and retain a skilled workforce; and
7. Ensuring transparency and accountability regarding achievement of housing goals.
C. It is the intent of this Agreement to focus housing development in identified geographic areas, based on local land use plans; define project criteria for which incentives and streamlined pennitting processes are appropriate; pursue im1ovative new models for public-private paiinerships; expand, pool, ai.1d leverage public and private financing in new ways; explore the most strategic and advantageous use of city- and county-owned land; and leverage the regional housing planning tools and resources of the Metropolitan Transit Commission (MTC) and the Association of Bay Area Governments (ABAG).
D. The Members desire to establish a sepai·ate public agency known as The Renewal Enterprise District (Agency) under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Sections 6500 et seq.) ("Act") in order to further the production of housing.
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AGREEMENT TERMS
NOW THEREFORE, in consideration of the matters recited and the mutual promises, covenants, and conditions set forth in this Agreement, the Members hereby agree as follows:
Article I: Definitions
Section 1.01 - Definitions.
As used in this Agreement, unless the context requires otherwise, the meaning of the tenns hereinafter set forth shall be as follows:
(a) "Act" shall mean the Joint Exercise of Powers Act, set forth in Chapter 5 of Division 7 of Title 1 of the California Government Code, sections 6500, et seq., including any amendments thereto.
(b) "Agreement" means this Renewal Enterprise District Joint Exercise of Powers Agreement.
(c) "Agency" shall mean the Renewal Enterprise District, which is a separate entity created by this Agreement pursuant to the provisions of California Government Code sections 6500 et seq.
(d) "Board of Directors" or "Board" shall mean the governing body of the Agency as established by Section 5.01 of this Agreement.
(e) "Bylaws" shall mean the bylaws adopted by the Board of Directors pursuant to Section 7 .06 of this Agreement to govern the day-to-day operations of the Agency. m "Director" and "Alternate Director" shall mean a Director or Alternate Director appointed by a Member pursuant to Section 5.02 of this Agreement. (g) "Fiscal Year" shall mean July 1 through June 30 pursuant to Section 8.02 of this Agreement.
(h) "Founding Member" or "Founding Members" shall mean the City of Santa Rosa and the County of Sonoma.
(i) "New Member" or "New Members" shall mean any other incorporated city or town within Sonoma County that may subsequently join this Agency with the authorization of the Board, pursuant to Section 4.02 of this Agreement.
(j) "Member" or "Members" shall mean Founding Members and New Members. 12/4/18 2
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Article II: Ai:ency Formation
Section 2.01 - Effective Date and Term.
This Agreement shall become effective and the Renewal Enterprise District shall exist as a separate public agency on the date this Agreement is executed by the Founding Members.
This Agreement shall remain in effect until terminated by the unanimous written consent of all then active Members or until there are less than two Members remaining in the Agency; provided, however, that this Agreement shall remain in effect during the term of any contractual obligation or indebtedness of the Agency that was previously approved by the Board.
Section 2.02 - Formation of the Ai:ency.
There is hereby fmmed a joint powers authority known as the Renewal Enterprise District ("Agency"). Pursuant to the Act, the Agency shall be, to the extent provided by law, a public entity separate from the Members of this Agreement. Pursuant to Section 6508 .1 of the Act, the debts, liabilities, or obligations of the Agency shall not be debts, liabilities or obligations of the individual Members unless the governing legislative body of a Member agrees in writing to assume any of the debts, liabilities, or obligations of the Agency. A Member who has not agreed to assume an Agency debt, liability, or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability, or obligation of the Agency.
Section 2.03 - Purpose of the Ai:ency.
The purpose of this Agreement, and the creation of the Agency, is to provide for the joint exercise of powers common to the Members, to specifically include buying, selling, investing in, developing, starting, lending, planning, financing, and implementing affordable and market-rate housing, community development, and related infrastructure to cooperatively achieve the Members' regional housing goals and advance climate resiliency.
Article III: Powers
Section 3.01 -_f_owers.
The Agency shall have all powers common to the Members and such additional powers accorded to it by law. The Agency is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers:
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3 .1.1 to make and enter into contracts;
3 .1.2 to employ agents and employees, including but not limited to a Chief Executive Officer;
3.1.3 to acquire, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements;
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3 .1.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; 3 .1.5 to lease any prope11y;
3 .1.6 to sue and be sued in its own name;
3 .1. 7 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary hon-owing powers such as those powers granted by Government Code Sections 53850 et seq.; 3 .1. 8 to issue revenue bonds and other fmms of indebtedness; 3 .1.9 to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;
3 .1.10 to adopt rules, regulations, policies, bylaws and procedures governing the operation of the Agency ("Operating Rules and Regulations"); 3 .1.1 1 to make and enter into service agreements relating to the provision of services;
3.1.12 to perfonn any power necessary or incidental to the foregoing powers in the manner and according to the procedures provided for under the law applicable to the Members to this Agreement and to perfo1m all other acts necessary or proper to fully carry out the purposes of this Agreement.
Section 3.02 -- Limitation on Powers.
As required by Government Code Section 6509, the power of the Agency is subject to the restrictions upon the manner of exercising power possessed by Sonoma County.
Section 3.03 -- California Environmental Quality Act (CEOA).
This Agreement does not commit the Agency or any Member to approve or undertake any future projects, and the Members acknowledge and agree that all discretionary authority to approve, deny or condition future projects, including the authority to adopt mitigation measures or alternatives necessary to avoid or substantially lessen potentially significant environmental impacts, lies with the local agency with land use authority over such projects. The Members' approval of this Agreement therefore does not constitute an approval of any project and is not subject to CEQA.
Section 3.04 - Preservation of Powers.
Nothing set forth in this Agreement is intended to abrogate the powers of any Member, independent of the Agency, including but not limited to police power, as applicable.
Section 3.05 - Public Meeting for Review of Agreement.
To ensure that the Agency's governance structure addresses the interests and concerns of those affected by its activities, the Board shall conduct a public meeting after two (2) years from fonnation of the Agency to review the te1ms and conditions of this Agreement, review the efficacy of the Agency and the Agreement, and discuss whether any an1endments to this Agreement are necessary or advisable, including the addition of New Members. This section shall not preclude 12/4/ 18 4
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the Members from making amendments of this Agreement at other times as deemed necessary or appropriate by the Members, in accordance with Section 9.02 of this Agreement.
Article IV: Membership
Section 4.01 - Members.
The Members of the Agency shall be the County of Sonoma and the City of Santa Rosa, the local agencies listed on the attached Exhibit "A", so long as their Membership has not been withdrawn or terminated pursuant to the provisions of Section 8.10 of this Agreement.
Section 4.02 - New Members.
After two (2) years from formation of the Agency, upon submittal of an application for membership, New Members may be admitted to the Agency so long as: 1) the New Member is an incorporated city or town located within the jurisdictional boundaries of the County of Sonoma; and 2) the New Member agrees to the terms of this Agreement.
Once an application is accepted by the Board of Directors, this Agreement shall be executed by an authorized representative of the New Member, the attached Exhibit "A" shall be amended to reflect the New Member, and such action by the Board shall not be subject to the requirements of Section 9.02.
Article V: Governance and Internal Organization
Section 5.01 - Board of Directors.
The Agency shall be governed and administered by a Board of Directors ("Board") which is hereby established and which shall be composed of two voting seats per Founding Member, and one voting seat per New Member. The governing board shall be known as the "Board of Directors of the Renewal Enterprise District." All voting power shall reside in the Board.
Section 5.02 - Directors and Alternates.
Each Founding Member shall appoint two Directors and one Alternate Director, and each New Member shall appoint one Director and one Alternate Director. The Alternate Director shall serve and assume the rights and duties of the Director when the Director is unable to attend a Board meeting. The Directors and Alternate Directors shall be elected or appointed officials of the Member's governing body. The Directors and Alternate Directors shall serve at the pleasure of the Member appointing them and they may be removed at any time, with or without cause, in the sole discretion of their Member's governing body. Each Director and Alternate Director shall hold office until a successor is selected by their Member's governing body and the Agency has been notified of the succession. In the event that a Director or Alternate Director loses his or her position as an official of the Member's governing body, that Director position shall become vacant and that Member shall appoint a new Director or Alternate Director. 12/4/18 5
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Section 5.03 - Officers of the Board.
Officers of the Board shall consist of a Chairperson and Vice-Chairperson. The Chairperson shall preside at all meetings of the Board, while the Vice-Chairperson shall perfom1 the duties of the Chairperson in the absence or disability of the Chairperson. The Chairperson and Vice-Chairperson shall exercise and perform such other powers and duties as may be assigned by the Board.
Section 5.04 - Appointment of Officers of the Board.
The Board shall annually elect the Officers of the Board from the Directors. Officers of the Board shall hold office for a term of one year commencing on January 1 of each and every calendar year and they may serve for multiple consecutive terms. Officers of the Board may be removed and replaced at any time, with or without cause by a majority Board vote. In the event that an Officer of the Board loses his or her position, that Officer position shall become vacant and the Board shall elect a new Officer from existing Board members to serve the remaining Officer term.
Section 5.05 - Reeular Meetine Schedule.
At its initial meeting, the Board shall establish by ordinance, resolution, bylaws, or other procedure a regular meeting time and place. The Board may vote to change the regular meeting time and place provided that the new location remains at a place within the County of Sonoma.
Section 5.06 - Conduct of Board Meetines.
Meetings of the Board of Directors shall be noticed, held, and conducted in accordance with the provisions of The Brown Act (California Government Code sections 54950, et seq.).
Section 5.07 - Quorum.
A quorum of the Board shall consist of a majority of the Directors representing the then current Members, except that less than a quorum may meet from time to time in accordance with law.
Section 5.08 - Votine.
Each Director shall have one vote. A majority vote of the Board is needed for the adoption of any action, except those which require a unanimous vote.
Section 5.09 - Unanimous Votine Requirement.
Items that require a unanimous vote of the Directors of the Board to pass include the following which may be amended from time to time by the Board by a unanimous vote, or are otherwise required by law:
• Financial commitments imposed on Members, whether through the budget approval process or otherwise;
• Amendment to the Agreement;
• Dispute resolution;
• Dissolution.
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Article VI: Board Committees
Section 6.01 - Committees of the Board.
The Board of Directors may from time to time establish one or more advisory committees or establish standing or ad hoc committees to assist in can-ying out the purposes and objects of the Agency. The Board shall determine the purpose and need for such committees and the necessary qualifications for individuals appointed to them.
Article VII: Operations and Management
Section 7.01 - Executive Director
The Board may appoint an Executive Director, from time-to-time as and when it deems appropriate. The appointed Executive Director may be an employee of one of the Members, in accordance with Sections 7.03 and 8.08. If appointed, the Executive Director shall serve at the pleasure of the Board of Directors and his/her duties and responsibilities shall be set forth by a majority vote of the Board.
Section 7.02 - Legal Counsel and Other Officers.
The Board may appoint General Legal Counsel who shall serve at the pleasure of the Board.
Subject to the limits of the Agency's approved budget, the Board shall also have the power to appoint and contract by a vote of the Board for the services of other officers, consultants, advisers and independent contractors as it may deem necessary or convenient for the business of the Agency, all of whom shall serve at the pleasure of the Board. The appointed General Legal Counsel and/or other appointed officers of the Agency may be employees or contractors of one of the Members, in accordance with Sections 7.03 and 8.08. Appointment of a General Legal Counsel from among Member employees or contractors shall be subject to all applicable Rules of Professional Responsibility, and notwithstanding anything to the contrary in this Agreement, each of the Members expressly reserve and do not waive their rights to approve or disapprove of potential conflicts of Agency General Legal Counsel.
Section 7.03 - Employees and Management.
In addition to, or in lieu of, hiring employees, the Agency may engage one or more Members to manage any or all of the business of the Agency on terms and conditions acceptable to the Board of Directors. Any Member so engaged shall have such responsibilities as are set forth in the contract for such Member's services, which shall be approved by a majority vote of the Directors representing the non-contracting Members.
Section 7.04 - Principal Office.
At the initial meeting of the Board, the Board shall establish a principal office for the Agency, which shall be located at a place within the City of Santa Rosa. The Board may change the principal office from time to time as the Board sees fit so long as that principal office remains at a location within the Cow1ty of Sonoma.
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Section 7.05 - Bylaws.
The Board shall adopt Bylaws governing the conduct of meetings and the day-to-day operations of the Agency on or before the first anniversary of the Effective Date of this Agreement.
Section 7.06 - Policies.
The Board shall adopt policies to implement the purpose and intent of this Agreement on or before the first anniversary of the Effective Date of this Agreement.
Section 7.07 - Official Seal and Letterhead.
The Board may adopt, and/or amend, an official seal and letterhead for the Agency by a majority vote of the Directors.
Section 7.08 - Conflict of Interest Code.
At the initial meeting of Board, the Board shall begin the process for adoption and filing of a Conflict ofinterest Code pursuant to the provisions of the Political Refo1m Act of 1974.
Article VIII: Financial Provisions
Section 8.01 - Establishment of Funds.
The Board shall establish and maintain such funds and accounts as may be required by generally accepted public agency accounting practices. The Agency shall maintain strict accountability of all funds and report all receipts and disbursements of the Agency on no less than a quarterly basis.
Section 8.02 - Fiscal Year.
The Fiscal Year of the Agency shall be July 1 to June 30.
Section 8.03 -Treasurer and Annual Audit.
The Sonoma County Auditor-Controller-Treasurer-Tax Collector shall act as the initial Treasurer for the Agency. The Treasurer shall perform all usual and customary duties of their offices for the Agency, including but not limited to receiving all deposits, issuing warrants per direction, and other duties specified in Government Code section 6505.5. The Board may transfer the responsibilities of the Treasurer, by a majority vote of the Board, to any other person or entity as the law may provide at the time (see e.g., Government Code section 6505.5). The Board shall cause an independent annual audit to be made by a certified public accountant, or public accountant, in compliance with Government Code section 6505.
Section 8.04 - Funds: Property: Bonds.
The Board may from time to time designate the officers and persons, in addition to those specified in Section 8.03 above, who shall have charge of, handle, or have access to any funds and/or property of the Agency. Pursuant to California Government Code section 6505.1, each such officer and person shall file a bond in an amount designated by the Board. 12/4/18 8
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Section 8.05 - Budget.
By a date no later than sixty (60) days before the end of each Fiscal Year, the Board shall adopt a budget for the Agency for the ensuing Fiscal Year. The Board may authorize mid-year budget adjustments, as needed.
Section 8.06 -Agency Funding.
All fees, costs and expenses incuned by the Agency may be funded from: (i) voluntary contributions from third parties, such as grants; (ii) advances or loans from the Members or other sources; (iii) bond revenue; (iv) taxes, assessments, fees and/or charges levied by the Agency under the provisions of the Act or otherwise provided by law; (v) contributions from an Infrastructure Financing District or other tax increment generating mechanism; and, (vi) subject to the unanimous vote of the Board, assessments on the Members to carry out the activities of the Agency generaJly applicable to all Members.
Section 8.07 - Indemnity and Insurance.
8.7.1. Indemnity. Funds of the Agency may be used to defend, indemnify, and hold harmless the Agency, each Member, each Director, and any officers, agents and employees of the Agency for their actions taken within the course and scope of their duties while acting on behalf of the Agency. To the fullest extent permitted by law, the Agency agrees to save, indemnify, defend and hold harmless each Member, each Director, and any officers, agents and employees of the Agency from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, or are attributable in whole or in part to the conduct, activities, operations, acts, and omissions of the Agency.
8.7.2. Insurance. The Agency shall be required to obtain insurance, or join a selfinsurance program in which one or more of the Members participate, appropriate for its operations. Any and aJI insurance coverages provided by the Agency, and/or any selfinsurance programs joined by the Agency, shall name each and every Member as an additional insured for all liability arising out of or in connection with the operations by or on behalf of the named insured in the performance of this Agreement. Minimum levels of the insurance or self-insurance program shall be set by the Agency in its ordinary course of business. The Agency shall also require aJI of its contractors and subcontractors to have insurance appropriate for their operations.
Section 8.08 - Agreements With Member Agencies
The Board may approve agreements with one or more Members that agree to undertake activities to benefit the Agency and further its purposes by a majority vote of the Directors representing the non-contracting Members.
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Section 8.09 - Withdrawal of Members.
Any Member shall the have the ability to withdraw by providing ninety (90) days written notice of its intention to withdraw. Said notice shall be given to the Board and to each of the other Members.
In the event of a withdrawal, this Agreement shall continue in full force and effect among the remaining members as set fo1ih in Section 8.11 below.
Section 8.10 - Termination of Members.
Paiticipation of a Member may be terminated for material non-compliance with the provisions of this Agreement upon a vote of the Board members as provided in Section 5.08. Prior to any vote to terminate paiiicipation with respect to a Member, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Member whose te1mination is proposed at least 30 (thi1iy) days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of the proposed termination shall specify the particular provisions of this Agreement that the Member has allegedly violated.
The Member subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for its termination prior to a vote regard termination.
Section 8.11 - Continuin2 Obligations upon Withdrawal or Termination.
Except as provided for in Section 8.09, any withdrawal or termination of a Member, shall not relieve the withdrawing or terminating Member of its financial obligations ai·ising under this Agreement prior to the effective date of the withdrawal or te1mination, including but not limited to financial obligations or guarantees for loans provided by individual Members, if applicable.
The withdrawal or te1mination of one or more Members shall not terminate this Agreement or result in the dissolution of the Agency. This Agreement shall remain in full force and effect ai11ong the remaining members, following the withdrawal or termination of any Member, and the Agency shall remain in operation provided that there are at least two Members remaining in this Agreement.
Section 8.12 - Dissolution.
The Agency may be dissolved at any time upon the unanimous vote of the Board and approval of the Members' governing boards. However, the Agency shall not be dissolved until all debts and liabilities of the Agency have been eliminated. Upon Dissolution of the Agency, each Member shall receive its proportionate share (in propo1iion to the contributions made by each Member) of any remaining assets after all Agency liabilities and obligations have been paid in full.
The distribution of remaining assets may be made "in kind" or assets may be sold and the proceeds thereof distributed to the Members. This distribution shall occur within a reasonable time after dissolution. No former member which previously withdrew or was te1minated shall be entitled to a distribution upon dissolution.
Section 8.13 - Disposition of Property Upon Termination of Agency or Board Determination of Surplus.
Upon tennination of this Agreement or upon determination by the Board that any surplus l 2/4/18 10
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money is on hand, such surplus money shall be returned to the then Members of the Agency that contributed such monies in proportion to their contributions or such surplus money may be applied to a Board designated reserve account. The Board shall first offer any surplus properties, works, rights and interests of the Agency for sale to the individual Member and the sale shall be based on highest bid. If no such sale is consummated, the Board shall offer the surplus properties, works, rights and interests of the Agency for sale in accordance with applicable law to any governmental agency, private entity or persons for good and adequate consideration.
Article IX: Miscellaneous Provisions
Section 9.01 - Agreement Complete.
The foregoing constitutes the full and complete Agreement of the Members. This Agreement supersedes all prior agreements and understandings, whether in writing or oral, related to the subject matter of this Agreement that are not set forth in writing herein.
Section 9.02 - Amendment.
This Agreement may be amended from time to time by the unanimous consent of the Members, acting tlu-ough their governing bodies. Such amendments shall be in the form of a writing signed by each Member.
Section 9.03 - Successors and Assigns.
The rights and duties of the Members may not be assigned or delegated without the written consent of all other Members. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void. Any assignment or delegation permitted under the terms of this Agreement shall be consistent with the terms of any conh·acts, resolutions or indentures of the Agency then in effect.
This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Members hereto. This section does not prohibit a Member from entering into an independent agreement with another agency regarding the financing of that Member's contributions to the Agency or the disposition of proceeds, which that Member receives under this Agreement so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Agency or the Members under this Agreement.
Section 9.04 - Dispute Resolution.
In the event there are disputes and/or controversies relating to the interpretation, construction, performance, termination, breach of, withdrawal from, or other issue related to this Agreement, the Members that are party to the dispute (the "Disputing Parties") agree to meet and confer in a good faith attempt to resolve the dispute. On the request of any Disputing Party to meet and confer, the other Disputing Parties agree to provide available dates within 21 days of the meet and confer request. The Disputing Parties may agree to schedule additional meet and confer sessions. If the Disputing Parties are unable to resolve the dispute by meeting and conferring, they shall mediate the dispute. The cost of any such mediation will be borne equally by the Disputing Parties. If the Disputing Parties cannot agree on a mediator, they may select a mediator by alternately striking names from a list of available mediators from JAMS or a similar mediation service provider. The Disputing Parties will provide all other Members written notice of any scheduled mediation and the issues subject to mediation at least 10 business days prior to the 12/4/ 18 11
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mediation. One representative for each Member not party to the dispute and one Agency staff representative may attend any mediation under this section to represent the Members' and the Agency's interests related to the mediation. The cost of such representatives' attendance shall be borne by the Members and the Agency so represented. The mediator may, in the mediator's sole discretion limit the participation ofrepresentatives of Members not pa1ty to the dispute and/or any Agency representative in the interest of successfully mediating the dispute. No settlement of a dispute subject to this section will bind the Agency or any Members not party to the dispute except to the extent the settlement is approved by the Agency Board by unanimous vote of the Directors of the non-disputing Members.
Section 9.05 - Execution In Parts Or Counterparts.
This Agreement may be executed in parts or counterparts, each part or counterpait being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the Members hereto. Facsimile or electronic signatures shall be binding.
Section 9.06 - Member Authorization.
The governing bodies of the Members have each authorized execution of this Agreement, as evidenced by their respective signatures below.
Section 9.07 - No Predetermination or Irretrievable Commitment of Resources.
Nothing herein shall constitute a determination by the Agency or any of Members that any action shall be undertaken or that any w1conditional or irretrievable commitment ofresources shall be made, until such time as the required compliance with all local, state, or federal laws, including without limitation the California Environmental Quality Act, National Environmental Policy Act, or pe1mit requirements, as applicable, have been completed;: , ....
Section 9.08 - Notices.
Notices authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours to the addresses set forth for each of the Members hereto on Exhibit "A" of this Agreement, or to such other changed addresses communicated to the Agency and the Members 1n writing.
Section 9.09 - Severability And Validity Of A2:reement. '·, ' Should the participation of any Member to this Agreement, or any pait, term or provision of this Agreement be decided by the comts or the legislature to be illegal, in excess of that Member's Agency, in conflict with any law of the State of California, or otherwise rendered w1enforceable or ineffectual, the validity of the remaining po1tions, terms or provisions of this Agreement shall not be affected thereby and each Member hereby agrees it would have entered into this Agreement upon the same remaining te1ms as provided herein. 12/4/18 12
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IN WITNESS WHEREOF, the Members hereto, pursuant to resolutions duly and regularly adopted by their respective Board of Directors or governing board, have caused their names to be affixed by their proper and respective officers as of the day and year first above- written.
SIGNATURE LINES
CITY OF SANTA ROSA:
By: J
Name: lo A--\_ s U--h,vz: D L1 'c LIM
Title: /Jl~DQ_
Date: ( • 2-2.. l 'j
12/4/ 18
ATTEST:
By: ~M
--'-/City Cle~
COUNTY OF SONOMA:
By: O&
Name: tdQt1\~ G:cce.
Title: Chai<" 1 ~ c::iC ~11•&><5
Date: t ".2.. }4 /, ~ I I
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12/4/18
EXHIBIT A
RENEW AL ENTERPRISE DISTRICT
MEMBERS
City of Santa Rosa
I 00 Santa Rosa Ave.
Santa Rosa, CA 95404
Attn: City Manager
County of Sonoma
575 Administration Dr., Ste. 104A
Santa Rosa, CA 95403
Attn: County Administrator
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RENEWAL ENTERPRISE DISTRICT
BOARD OF DIRECTORS
BYLAWS
Amended February 22, 2022
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Page i
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION............................................................................................................... 1
1.1. HISTORY ............................................................................................................................................1
1.2. PURPOSE AND SCOPE........................................................................................................................1
1.3. BASIS OF AUTHORITY ........................................................................................................................1 ARTICLE II GOVERNANCE ................................................................................................................ 1
2.1. COMPOSITION; TERMS; VACANCIES .................................................................................................1
2.2. SOLICITING POLITICAL CONTRIBUTIONS ...........................................................................................2
2.3. DUTIES AND RESPONSIBILITIES .........................................................................................................2
2.4. CONFLICTS OF INTEREST ...................................................................................................................3
2.5. BOARD OFFICERS ..............................................................................................................................3 ARTICLE III ADMINISTRATION ......................................................................................................... 4
3.1. APPOINTED STAFF.............................................................................................................................4
3.2. CONSULTANTS ..................................................................................................................................7 ARTICLE IV DIRECTORS’ COMPENSATION AND EXPENSE REIMBURSEMENT ................................. 7
4.1. COMPENSATION ...............................................................................................................................7
4.2. REIMBURSEMENT .............................................................................................................................8 ARTICLE V BOARD MEETINGS, GENERAL ........................................................................................ 9
5.1. LOCATION; TIMING ...........................................................................................................................9
5.2. TRANSPARENCY.................................................................................................................................9
5.3. QUORUM ..........................................................................................................................................9
5.4. SUBJECT MATTER ..............................................................................................................................9
5.5. ADJOURNMENT...............................................................................................................................10
5.6. MINUTES .........................................................................................................................................11
5.7. LEGALITY OF PROCEEDINGS ............................................................................................................11
5.8. CONDUCT ........................................................................................................................................11
5.9. RULES OF ORDER.............................................................................................................................11
5.10. BOARD ACTION ...............................................................................................................................12
5.11. ADMINISTRATIVE DECISIONS ..........................................................................................................13 ARTICLE VI BOARD COMMITTEES ................................................................................................. 13
6.1. GENERALLY......................................................................................................................................13
6.2. STANDING OR AD HOC COMMITTEES.............................................................................................13 ARTICLE VII CODE OF ETHICS ........................................................................................................ 14 50 of 149
Page ii
7.1. INTEGRITY .......................................................................................................................................14
7.2. LEADERSHIP.....................................................................................................................................14
7.3. SELFLESSNESS..................................................................................................................................14
7.4. OBJECTIVITY ....................................................................................................................................14
7.5. ACCOUNTABILITY ............................................................................................................................14
7.6. OPENNESS .......................................................................................................................................14
7.7. HONESTY .........................................................................................................................................14
7.8. RESPECT ..........................................................................................................................................15
7.9. TRAINING ........................................................................................................................................15
7.10. VIOLATION OF CODE OF ETHICS OR CONDUCT...............................................................................15 ARTICLE VIII USE OF CONFIDENTIAL INFORMATION .................................................................... 15
8.1. CONFIDENTIAL INFORMATION; DISCLOSURE .................................................................................15
8.2. EXCEPTIONS ....................................................................................................................................15
8.3. CRIMINAL LIABILITY.........................................................................................................................16 ARTICLE IX IMPROPER ACTIVITIES; REPORTING; "WHISTLEBLOWER" PROTECTION.................... 16
9.1. EXECUTIVE DIRECTOR'S OVERSIGHT RESPONSIBILITY.....................................................................16
9.2. BOARD OVERSIGHT .........................................................................................................................16
9.3. NON-INTERFERENCE WITH CORRECTIVE ACTION; BOARD INTERVENTION ....................................16
9.4. PROTECTION FROM RETALIATION ..................................................................................................16 ARTICLE X FAIR AND EQUAL TREATMENT..................................................................................... 17
10.1. NON-DISCRIMINATION....................................................................................................................17
10.2. EQUAL TREATMENT ........................................................................................................................17 ARTICLE XI PROPER USE AND SAFEGUARDING OF RED PROPERTY AND RESOURCES.................. 17 ARTICLE XII INSURANCE ................................................................................................................ 17
12.1. LIABILITY COVERAGE .......................................................................................................................17
12.2. WORKERS COMPENSATION ............................................................................................................18 51 of 149
ARTICLE I
INTRODUCTION
1.1. HISTORY
On December 4, 2018, the Renewal Enterprise District (RED) was formed through Joint Exercise of Powers Agreement (Agreement) between the City of Santa Rosa and the County of Sonoma (collectively “Founding Members” and individually “Founding Member”).
PURPOSE AND SCOPE
The RED was formed for the purpose of creating a regional, coordinated, multi-jurisdictional entity to address housing development challenges and to increase the overall pace and capacity of housing construction county wide.
1.2. BASIS OF AUTHORITY
(a) The RED is a Joint Powers Authority of the City of Santa Rosa and County of Sonoma ("Founding Members"), authorized by the Joint Exercise of Powers Act (Government Code Sections 6500 et seq.) (”Act”) in order to further the production of housing (b) The Board is the legislative body, and functions as the RED’s policymaking body. It can only function as a unit, where no individual Director has authority with regard to any aspect of RED business, except as a member of the collective Board.
ARTICLE II
GOVERNANCE
2.1. COMPOSITION; TERMS; VACANCIES
(a) The RED shall be governed and administered by a Board of Directors (“Board”) established by the Agreement and composed of two voting seats per Founding Member and one voting seat per New Member. The governing board shall be known as the “Board of Directors of the Renewal Enterprise District.” All voting power shall reside in the Board. (b) After two (2) years from formation of the RED, upon submittal of an application for membership, New Members shall be admitted to RED so long as: 1) the New Member is an incorporated city or town located within the jurisdictional boundaries of the County of Sonoma; and 2) the New Member agrees to the terms of the Agreement. (c) Each Founding Member shall appoint two Directors and one Alternate Director, and each New Member shall appoint one Director and one Alternate Director. The Alternate Director shall serve and assume the rights and duties of the Director when the Director is unable to attend a Board meeting. The Directors and Alternate Directors shall be elected or appointed officials of the Member’s governing body. The Directors and Alternate Directors shall serve at the pleasure of the Member appointing them and they may be removed at any time, with or without cause, in the sole discretion of their Member’s governing body. Each Director and Alternate Director shall hold office until a successor is selected by their Member’s governing body and the RED has been notified of the 52 of 149
succession. In the event that a Director or Alternate Director loses his or her position as an official of the Member’s governing body, that Director position shall become vacant and that Member shall appoint a new Director or Alternate Director. (d) Officers of the Board shall consist of a Chairperson and Vice-Chairperson. The Chairperson shall preside at all meetings of the Board, while the Vice-Chairperson shall perform the duties of the Chairperson in the absence or disability of the Chairperson. The Chairperson and Vice-Chairperson shall exercise and perform such other powers and duties as may be assigned by the Board.
(e) The Board shall annually elect the Officers of the Board from the Directors. Officers of the Board shall hold office for a term of one year commencing on January 1 of each and every calendar year and they may serve for multiple consecutive terms. (f) Officers of the Board may be removed and replaced at any time, with or without cause by a majority Board vote. In the event that an Officer of the Board loses his or her position, that Officer position shall become vacant and the Board shall elect a new Officer from existing Board members to serve the remaining Officer term. (g) In serving on the RED Board, Directors do not represent any other political or elected bodies, fractional segment or region of the community, but are part of a legislative body that represents and acts for the RED as a whole.
2.2. SOLICITING POLITICAL CONTRIBUTIONS
(a) Directors shall not solicit political funds or contributions at RED facilities or at times and places where RED business is being conducted, and Directors shall not accept, solicit or direct a political contribution from:
(i) RED employees, officers, consultants or contractors; or (ii) Vendors or consultants who have a material financial interest in a contract or other matter while that contract or other matter is pending before the RED (b) Directors shall not use the RED’s logo, trademark, stationery or other indicia of the RED’s identity, or facsimile thereof, in any solicitation for political contributions contrary to state or federal law. Gov. Code section 3205.
2.3. DUTIES AND RESPONSIBILITIES
(a) Directors shall uphold the Constitution of the United States and the Constitution of the State of California.
(b) Directors shall comply with all applicable laws regulating their conduct, including laws relating to conflicts of interest, financial disclosures, and open government laws. (c) The Board shall set the policy for the RED in accordance with these Bylaws. 53 of 149
(d) The Board shall adopt, and has the sole authority to amend, Project Criteria as the basis to qualify and evaluate housing projects for RED or RED Housing Fund financing or other support. Amendments to the Project Criteria shall require a vote of at least 2/3 of the of Directors then in office and must be approved by those Directors appointed by the City of Santa Rosa and the County of Sonoma.
(e) The Board shall monitor RED’s progress in attaining its goals and objectives, while pursuing its mission.
(f) The Board shall establish goals, objectives, expectations, and measurement criteria for the Executive Director’s performance.
(g) For the benefit of operational efficiency, Directors shall direct all requests for information to the Executive Director. If the Executive Director's response is inadequate, Directors may contact the Board Chairperson or raise the issue at a Board meeting. Issues brought to the Board may be added to the agenda of a future meeting at the discretion of the Board.
(h) Directors shall attend all meetings of the Board and of any Committee to which they may be assigned. Directors are required by law to abstain from participating in consideration of any item involving a personal or financial conflict of interest. Even the appearance of a conflict should be avoided. Unless such a conflict of interest exists, Directors should fully participate in the Board's decision-making responsibilities. (i) Directors shall not individually commit the RED to any policy, act, or expenditure without prior Board approval nor give direction to the Executive Director, staff, contract personnel or consultants without prior Board approval.
(j) Directors shall abide by the provisions of the Ralph M. Brown Act, Government Code section 54950, et seq., by only exercising their authority during duly noticed public meetings.
(k) Directors shall not delegate his or her authority to act as a Director, nor will any Director’s vote be recorded in the proceedings of any Board meeting at which the Director is not present.
(l) Directors may adopt additional policies as needed to carry out the purposes of the RED.
2.4. CONFLICTS OF INTEREST
Directors shall abide by the RED Conflict of Interest Code.
2.5. BOARD OFFICERS
(a) Amendment to the Bylaws and Project Criteria, in addition to certain matters specified in the Agreement, require a supermajority (two-thirds or greater) including the approval of those Directors appointed by the City of Santa Rosa and the County of Sonoma or unanimous vote. For all other matters, affirmative votes of a majority (51% or greater) of Directors are required for the Board to act.
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(b) Chairperson and Vice-Chairperson shall be elected by the Directors. Commencing January 1, 2019, Directors shall annually elect a Chairperson and Vice-Chairperson of the Board.
These Officers shall hold office for a term of one year commencing on January 1 of each and every calendar year and may serve for multiple consecutive terms. Officers of the Board may be removed and replaced at any time, with or without cause by a Board vote.
In the event that an Officer of the Board loses their position, their office becomes vacant and the Board shall elect a new Officer from existing Board members to serve the remaining Officer term.
(c) The Chairperson presides at all Board meetings and leads the Board in conducting its business. The Chairperson may refer items to committees prior to Board action. The Chairperson votes last in any roll call vote.
(d) The Chairperson has the same rights in voting, introducing motions, resolutions and ordinances, and discussions as other Directors.
(e) The Chairperson shall ensure that each Director is provided all necessary information pertaining to RED business in sufficient time to participate in discussions and decisions in an informed manner.
(f) The Chairperson, or his or her designee, shall execute RED documents, as directed by the Board.
(g) On occasion, the Board will delegate to the Chairperson or to his or her designee, authority to represent the RED at a meeting or event. When this occurs, the Director only has the authority that was specifically delegated by the Board. (h) In the Chairperson's absence, the Vice-Chairperson serves as the Chairperson in all capacities described in these Bylaws.
(i) In order to present a positive image to the public, clients, and residents, Directors should strive to maintain a professional appearance while performing their duties as Directors.
ARTICLE III
ADMINISTRATION
3.1. APPOINTED STAFF
The Board of Directors may appoint an Executive Director, from time to time as and when it deems appropriate. The appointed Executive Director may be an employee of one of the Members, in accordance with Sections 7.03 and 8.08 of the Agreement. If appointed, the Executive Director shall serve at the pleasure of the Board of Directors and his/her duties and responsibilities shall be set forth by a majority vote of the Board.
(a) Executive Director
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(i) The Executive Director shall be appointed by the Board of Directors and serve at its pleasure. The Executive Director is the chief executive officer of the RED and carries out Board policies, directs RED operations, provides daily supervision to RED staff, controls RED expenditures, and ensures conformance with RED policies. Based on the delegation of authority made by the Member Agencies in the Agreement and the Board under these Bylaws, the Executive Director shall have the following responsibilities and has the authority to:
(A) Make and carry out day-to-day management decisions. (B) Employ, compensate, terminate, assign duties to, and direct the daily activities of all RED employees.
(C) Provide day-to-day directions and guidance to, but not appoint or dismiss, RED Legal Counsel, Auditor, and other Board appointees. (D) Prepare RED employee job classifications, description of duties, with corresponding salary ranges for review and approval by the Board. (E) Define scope and select, dismiss, and direct activities of contractors and consultants performing services for the RED.
(F) Manage RED financial operations.
(G) Expend budgeted funds in compliance with Chapter 2, Article V of the Sonoma County Code of Ordinances.
(H) Authorize purchases of up to and including $50,000 in conformance with the annual Board-approved budget. Purchases of more than $50,000 shall require the approval of the Board.
(I) Expend up to and including ten thousand dollars ($10,000) for each item not specifically enumerated in the RED’s annual budget, provided there are sufficient appropriations within the budget.
(J) Expend non-budgeted funds to meet an Emergency, up to and including $50,000. An Emergency is defined as any circumstance which directly or potentially adversely affects the ability of the RED to perform its services, which puts RED personnel or property in jeopardy, or which may jeopardize public health or property of the community or its residents. The Executive Director shall determine that an emergency exists and shall immediately inform the Directors of the Emergency.
Such notification shall include the nature of the Emergency, the steps taken or necessary to address the Emergency, and any expenditures incurred to address the Emergency. If applicable, the Executive Director shall seek ratification of the decisions made.
(K) Solely sign RED checks and/or claims request in the amount of fifty thousand dollars ($50,000) or less. Any amount over fifty thousand 56 of 149
dollars ($50,000) requires the signatures of the Executive Director and one Director. In the event the Executive Director is unavailable to sign checks, checks of any amount require the signatures of two Directors. (L) Execute time and cost Change Orders.
(M) Appoint a Deputy Secretary, if the Board appoints the Executive Director as Board Secretary. The Deputy Secretary shall assist the Executive Director, acting as Board Secretary, to act in the Board Secretary's place in his or her absence.
(ii) Terms and conditions of the Executive Director’s employment shall be specified in an employment agreement between the Executive Director and the RED and any amendment(s) thereto.
(b) Board Secretary
The Board Secretary is appointed by the Board, reports to the Board as a whole, and shall be responsible for the following:
(i) Provide a record of all proceedings conducted at meetings of the Board and Standing Committees, to be retained at the RED office.
(ii) Maintain accurate, up-to-date records of RED documents in a safe location. (iii) Post all legal notices.
(iv) Receive all correspondence or documents addressed to the Board, and serve as the RED’s agent for receipt of subpoenas, petitions or other legal documents that are served on the RED.
(v) Call meetings to order in the absence of the Chairperson and Vice-Chairperson and preside until the remaining members present select one of themselves to preside at the meeting.
(vi) Administer the Oath of Office to members of the Board. (vii) Verify and attest signatures on all legal documents. (viii) In consultation with Legal Counsel, respond to all Public Records Act requests. (ix) Possess working knowledge of the Ralph M. Brown Act and Robert’s Rules of Order.
(c) Legal Counsel and Other Officers
The Board may appoint General Legal Counsel who shall serve at the pleasure of the Board. Subject to the limits of the RED’s approved budget, the Board shall also have the power to appoint and contract by a vote of the Board for the services of other officers, 57 of 149
consultants, advisors and independent contractors as it may deem necessary or convenient for the business of the RED, all of who shall serve at the pleasure of the Board.
The appointed General Legal Counsel and/or other appointed officers of the RED may be employees or contractors of one of the Members, in accordance with Sections 7.03 and
8.08 of the Agreement. Appointment of a General Legal Counsel from among Member employees or contractors shall be subject to all applicable Rules of Professional Responsibility, and notwithstanding anything to the contrary in the Agreement, each of the Members expressly reserve and do not waive their rights to approve or disapprove of potential conflicts of RED General Legal Counsel.
(d) Treasurer and Annual Audit
The Sonoma County Auditor-Controller-Treasurer-Tax Collector shall act as the initial Treasurer for the RED. The Treasurer shall perform all usual and customary duties of their offices for the RED, including by not limited to receiving all deposits, issuing warrants per direction, and other duties specified in Government Code section 6505.5. The Board may transfer the responsibilities of the Treasurer, by a majority vote of the Board, to any other person or entity as the law may provide at the time (see e.g., Government Code section 6505.5). The Board shall cause an independent annual audit to be made by a certified public accountant, or public accountant, in compliance with Government Code section 6505.
3.2. CONSULTANTS
The Board may from time-to-time select, retain, compensate, define the scope and efforts of, and dismiss consultants to support or provide information to the Board in developing policy-level decisions or in implementing Board actions. The responsibility for day-to-day direction of the work of the Consultant is delegated to the Executive Director.
ARTICLE IV
DIRECTORS’ COMPENSATION AND EXPENSE REIMBURSEMENT
4.1. COMPENSATION
(a) Board members shall serve without compensation. However, Board members may receive reasonable and necessary reimbursement for meals, lodging, and travel expenses incurred in attending any conference, meeting, or other event approved by the Board in advance.
(b) For a Board member to be reimbursed for reasonable and necessary travel expenses to and from a meeting, the meeting must be: (1) a “meeting” as defined in Government Code section 54952.2(a); (2) RED Board or committee meetings; or (3) conferences, meetings, or events related to or intended to inform Board members on matters within the jurisdiction of the RED, provided that such conferences, meetings or events deal with substantive issues and consume more than a minor amount of the Board member’s time. (c) At the regular meeting of the Board following any meeting, conference, educational activity or other authorized event for which reimbursement is requested; the Director attending the event shall give a brief report of the meeting or event. If more than one (1) 58 of 149
Director of the RED attended the same meeting or event, a joint report may be made.
Reports may be written or oral, but in the event a written report is submitted, the Director shall give a brief oral summary of the report at the meeting following the event.
4.2. REIMBURSEMENT
(a) Directors are encouraged to participate in outside activities and organizations that in the judgment of the Board further the interests of the RED. Where authorized in advance, actual expenses incurred by Board members in connection with such activities are reimbursable. Under extraordinary circumstances, the Board may subsequently authorize reimbursement.
(i) All expenses must be reasonable and necessary, and Directors are encouraged to exercise prudence in all expenditures. This policy is intended to result in no personal gain or loss to a Director.
(ii) Mileage will be reimbursed at the then-current IRS rate. (iii) Directors may claim meal expenses at the rates specified by the California Department of Human Resources as such rates may be adjusted from time to time.
(iv) Travel / Transportation Expenses. The most economical mode and class of transportation reasonably consistent with scheduling needs must be used, using the most direct and time-efficient route. If requested, Directors will be reimbursed for expenses incurred in traveling to and from conferences, meetings, and other events that are attended on behalf of the RED in their capacity as Directors. Travel expenses will include round-trip airfare, actual reasonable expenses for ground transportation to and from airports and hotels, car rental, and or mileage reimbursement (at the maximum allowable per mile established from time to time by the IRS) for use by the Directors of privately owned vehicles in the conduct of RED business.
(v) Overnight Accommodations. No reimbursement claim or request for overnight accommodations will be approved for expenses incurred within the RED’s service area, except upon approval of the Board. Reasonable accommodation expenses will be reimbursed only for the Directors, and such expenses will not be reimbursed for guests or family members of Directors. Where reasonably possible, accommodations will be obtained in proximity to the conference or meeting site.
(vi) Liquor, entertainment, travel insurance, personal telephone calls, child, pet, or household care, losses relating to theft or casualty of personal effects, fines and penalties for actions or inactions of the traveler, laundry, dry cleaning, or pressing of personal items, and expenses of any other person accompanying a Director are not eligible for reimbursement.
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(vii) Expenditures that are improper or otherwise not properly accounted for, or that are not consistent with the prohibition against gifts of public funds set forth in the California Constitution, will not be reimbursed or accepted by the RED. (b) Directors shall submit requests for reimbursement along with evidence of expenses within four (4) weeks of the last day of the month in which the expenses were incurred. (c) In compliance with Government Code section 53065.55, the RED will prepare a list of the amount and purpose of each expense reimbursement made to each Director for the preceding fiscal year, which will be available to the public. (d) A Director shall not attend a conference or training event for which there is an expense to the RED if it occurs after the Director has announced his or her resignation, or if it occurs after an election in which it has been determined that they will not retain their seat on the Board.
ARTICLE V
BOARD MEETINGS, GENERAL
5.1. LOCATION; TIMING
All regular meetings of the Board shall be held at the location and time as set forth in a resolution adopted by the Board of Directors.
5.2. TRANSPARENCY
(a) The Board shall conduct the business of the RED at meetings in conformance with the provisions of the Ralph M. Brown Act, Government Code section 54950 et seq. All meetings of the Board and Standing Committees shall be open to the public, except for closed sessions held in accordance with the Brown Act.
(b) The Board Chairperson and the Executive Director shall ensure that appropriate information is available for the public at meetings of the Board, and that physical facilities for said meetings are functional and appropriate. Prior to the start of a meeting, the order of business (sequence of existing agenda only) may be amended.
5.3. QUORUM
A quorum must be present at all meetings for any business to be conducted. A quorum shall consist of a majority of the Directors representing the then-current Members of the RED.
5.4. SUBJECT MATTER
(a) The Executive Director, in cooperation with the Board Chairperson, shall prepare an agenda for each meeting of the Board and for all Standing Committee meetings. The Executive Director shall prepare written information on each item of business requiring action or scheduled for discussion by the Board, and make this information available to the Board and members of the public prior to all meetings. 60 of 149
(b) An agenda and materials packet shall be prepared as specified for all Board meetings and shall be delivered to all Directors at least seventy-two (72) hours prior to a regular meeting and at least twenty-four (24) hours prior to special meetings. A full agenda packet will be available at the Sonoma County Transportation Authority office, 411 King Street, Santa Rosa, CA 95404, for public review.
(c) At least seventy-two (72) hours prior to the time of all regular meetings, an agenda, which includes all matters on which there may be discussion and/or action by the Board, shall be posted conspicuously for public review at the Sonoma County Transportation Authority office, 411 King Street, Santa Rosa, CA 95404. The RED has the option of posting the agendas at other places as deemed useful in keeping the public informed. (d) The agenda for special meetings shall be posted in the same location as regular meeting agendas at least twenty-four (24) hours before the meetings. Agendas shall generally use the following order of business:
(i) Date, time, and location of meeting and information on how the public may review agenda material and request any special accommodations needed (ii) Meeting type (i.e., Regular or Special Meeting)
(iii) Call to Order – Roll Call
(iv) Consent Calendar
(v) Chairperson and Directors’ Reports or Comments
(vi) Advisory Committee Report
(vii) Public Presentations, Hearings and Workshops
(viii) General Business (Old/New Business)
(ix) Executive Director and Operational Reports
(x) Closed Session
(xi) Reconvene in Open Session
(xii) Public Comments
(xiii) Request for Future Agenda Items
(xiv) Adjournment
5.5. ADJOURNMENT
A majority vote by the Board may terminate any Board meeting at any place in the agenda to any time and place specified in the order of adjournment, except that if no Directors are present at any regular or adjourned regular meeting, the Executive Director may declare the meeting 61 of 149
adjourned to a stated time and place, and he or she shall cause a written notice of adjournment to be provided to the Board, RED Counsel, and the local news media and also posted at the places specified in Section 5.5(c), above.
5.6. MINUTES
(a) The Secretary of the Board shall keep minutes of all Board meetings. Minutes are to record actions taken; they are not intended to be verbatim records. Draft minutes shall be distributed to Directors for adoption at the next regular meeting. (b) Minutes may be approved as part of the Consent Calendar. Regular and special meetings of the Board may be recorded. Any such recording shall be retained for thirty (30) days from the date of recording.
5.7. LEGALITY OF PROCEEDINGS
Any action taken by the Board which is subsequently ruled contrary to law by a decision of a court of competent jurisdiction shall be deemed revoked without further action by the Board.
5.8. CONDUCT
(a) Meetings of the Board shall be conducted by the Chairperson in a manner consistent with the policies of the RED.
(b) Willful disruption of any meeting of the Board shall not be permitted. The Chairperson shall take whatever actions are necessary and legally appropriate to preserve order and decorum during Board meetings, including public hearings. (c) The Chairperson may order any person or persons removed if they are causing a willful disruption of a meeting which prevents the meeting from proceeding. (d) Where the health and safety of meeting attendees is jeopardized, the Chairperson may order the room to be cleared and subsequently conduct the Board's business without the public present. After clearing the room, the Chairperson may permit those persons who, in their opinion, were not responsible for the willful disruption to re-enter the meeting room. Duly accredited representatives of the news media shall be admitted to the remainder of the meeting.
5.9. RULES OF ORDER
(a) The latest edition of Robert's Rules of Order, Revised shall be an advisory guideline for meeting protocol. RED policies, or state or federal law, shall prevail whenever they conflict with Robert's Rules of Order, Revised. If a Director believes order is not being maintained or procedures are not adequate, he or she should raise a point of order - not requiring a second - to the Chairperson. If the ruling of the Chairperson is not satisfactory to the Director, it may be appealed to the Board. A decision by a majority of the Board will determine the point of order.
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(b) By a motion made, seconded, and approved by a majority vote, the Board may, at its discretion and at any meeting: 1) temporarily suspend these rules in whole or in part; 2) amend these rules in whole or in part; or 3) both.
(c) Motions, resolutions or ordinances shall be recorded as having passed or failed and individual votes will be recorded. All resolutions and ordinances adopted by the Board shall be numbered consecutively starting new at the beginning of each fiscal year. The Chairperson may declare a short recess during any meeting, with approval of the Board.
5.10. BOARD ACTION
(a) Action can only be taken when a quorum is present. Calculating the number of votes required for a majority or super majority vote is based on the number of Directors required pursuant to Article V of the Agreement.
(b) Only those items of business listed in the agenda shall be considered by the Board at any meeting, unless an emergency or urgency situation exists and additional items are added in the manner required by the Brown Act.
(c) Pursuant to Government Code section 54954.2 (b), the Board may take action on an item of business which did not appear on the posted agenda for the meeting if the Board determines that an emergency exists, or if by a super majority (67% or greater) vote the Board determines that there is a need for immediate action on a matter that arose subsequent to the posting of the agenda. To the extent the RED’sJoint Powers Agreement requires a higher voting threshold for a particular action, such higher threshold shall apply.
(d) Actions typically taken by the Board include, but are not limited to, the following:
(i) Adoption or rejection of RED policies and regulations concerning the services provided by the RED, authorization of execution of contracts for professional and technical service, and authorization of execution of contracts for materials or supplies, or for design or construction of RED facilities; and (ii) Approval or rejection of proposals to commit RED funds or facilities, including employment and dismissal of personnel; and
(iii) Approval or disapproval of non-emergency matters which require or may require the RED or its employees to take action and/or provide services; and (iv) Direction given to the Executive Director for implementation of those actions deemed by the Board to be necessary.
(e) Definition of Board Actions and appropriate uses thereof are indicated below:
(i) A “Minute Order” or “Motion” is appropriate when the action is not of a penal nature or intended to be a local law, where an ordinance or resolution is not specifically required, or where a formal document reflecting the Board’s action is 63 of 149
not necessary. The only record of such action is in the minutes of the meeting at which the action is taken.
(ii) A “Resolution” generally constitutes an expression of policy or opinion concerning some particular item of business and often evidences a decision by the Board concerning the administrative business of the RED. (iii) An “Ordinance” means a local law. It prescribes a rule of conduct prospective in operation, applicable generally to person and things subject to the jurisdiction of the RED.
5.11. ADMINISTRATIVE DECISIONS
(a) An administrative decision is an action or decision made by the Board which is subject to review by a court of competent jurisdiction. Such decisions include: suspension, demotion, or dismissal of an officer or employee; revoking or denying an application for a permit, license or other entitlement; or imposing a civil or administrative penalty, fine, charge or cost.
(b) Judicial review of all administrative decisions of the Board may be sought pursuant to the provisions of Section 1094.5 of the Code of Civil Procedure of the State of California. The procedural provisions of Section 1094.6 of said Code, including the time limitations, shall apply to any such proceeding. The provisions of Section 1094.6 shall prevail over any conflicting provision and any otherwise applicable law, rule, policy or regulation of the RED affecting the subject matter of an appeal. The purpose of these Code sections is to ensure efficient administration of the RED by providing for the expeditious review of decisions rendered by the Board. Section 1094.6 specifically establishes a ninety-(90) day time limit to initiate a lawsuit to challenge a RED administrative decision. The short time period is intended to provide finality to Board decisions.
ARTICLE VI
BOARD COMMITTEES
6.1. GENERALLY
Committees of the Board may be Standing or Ad hoc. Committees are not empowered to act for the Board, but rather, they review, study, and consider issues in order to make recommendations to the full Board. Members of all Committees shall be appointed by and serve at the pleasure of the Chairperson of the Board.
6.2. STANDING OR AD HOC COMMITTEES
(a) The Board may from time to time establish standing or ad hoc committees to assist in carrying out the purposes and objects of the RED. The Board shall determine the purpose and need for such committees and the necessary qualifications for individuals appointed to them.
(b) The Board Chairperson shall appoint and publicly announce the members of any Standing Committees, which must consist of less than a quorum of the Board. 64 of 149
(c) A Standing Committee is a Board-created committee (i.e. – Finance, Human Resources, etc.) which has continuing jurisdiction over a particular subject matter and meets either on a scheduled basis or as directed by the Board Chairperson. Only RED Directors may serve as members of Standing Committees. Standing Committee meetings are held in the RED office, unless a special need arises to meet elsewhere within RED boundaries, and shall be properly noticed under the provisions of the Brown Act.
ARTICLE VII
CODE OF ETHICS
7.1. INTEGRITY
A Director must make every reasonable effort to avoid placing themselves under any financial or other obligation to any individual or organization that might reasonably be thought to influence the Director’s performance of his or her duties.
7.2. LEADERSHIP
A Director has a duty to promote and support the key principles by leadership and example and to maintain and strengthen the public’s trust and confidence in the integrity of the RED.
7.3. SELFLESSNESS
A Director has a duty both ethically and legally to make decisions solely in the public's interest. A Director must not act in order to gain financial or other benefits for themselves, their family, friends or business interests. This means making decisions because they benefit the RED and the public it serves, not because they benefit the decision maker.
7.4. OBJECTIVITY
A Director shall endeavor to make decisions solely on merit, free from bias and in accordance with the Director’s statutory and ethical obligations when carrying out public business.
7.5. ACCOUNTABILITY
A Director is accountable to the public for their decisions and actions, preparing and researching as necessary to understand matters before the Board, and must consider issues on their merits, taking into account the views of others.
7.6. OPENNESS
A Director has a duty to be as open as possible about their decisions and actions and give reasons for decisions.
7.7. HONESTY
A Director has a duty to act honestly. As required by law, a Director must disclose any private interests relating to his or her public duties and take steps to resolve any conflicts arising in such 65 of 149
a way that protects the public's interest and/or recuse/disqualify himself or herself from taking any action which would constitute a conflict of interest.
7.8. RESPECT
A Director must treat others with respect at all times, regardless of policy or personal disagreements, and observe the rights of other people. A Director must treat fellow Directors, officials, staff, customers and the public with courtesy and civility.
7.9. TRAINING
Directors are required by law to take ethics training every two (2) years. No cost training is available on the Fair Political Practices Commission (FPPC) website. Note that there is a minimum two (2) hour training requirement before taking the accompanying FPPC website test. After completing the test, Directors must print out and sign the “Online Proof of Participation Certificate” and return to the Board Secretary or Deputy Secretary.
Directors are also required by law to take sexual harassment training every two (2) years, and must provide evidence of participation to the Board Secretary or Deputy Secretary.
7.10. VIOLATION OF CODE OF ETHICS OR CONDUCT
An actual or perceived violation of this policy by a Director should be referred to the Chairperson of the Board or the full Board of Directors for investigation and consideration of any appropriate action. Appropriate action depends on the circumstances of the actual or perceived violation.
Depending on the nature of the alleged violation, the Board may, as appropriate, determine a specific remedy or report the alleged violation to an appropriate authority. In all cases, the Board will pursue a course consistent with applicable legal requirements, the public's interest, and the best interests of the Board and the RED.
ARTICLE VIII
USE OF CONFIDENTIAL INFORMATION
8.1. CONFIDENTIAL INFORMATION; DISCLOSURE
A Director is not authorized, without approval of the Board of Directors, to disclose information that qualifies as confidential information to a person not authorized to receive it. Under applicable provisions of law, information qualifies as confidential if it (1) has been received for, or during, a closed session meeting of the Board, (2) is protected from disclosure under attorney/client or other evidentiary privilege, or (3) is not required to be disclosed, or disclosure is prohibited, under the California Public Records Act.
8.2. EXCEPTIONS
(a) This section does not prohibit a Director from taking any of the following actions:
(i) making a confidential inquiry or complaint to a RED attorney or grand jury concerning a perceived violation of law, including disclosing facts to a RED 66 of 149
attorney or grand jury that are necessary to establish the alleged unlawfulness of an action taken by the RED, an elected official or employee; or (ii) expressing publicly an opinion concerning the propriety or lawfulness of any action taken or considered by the RED in closed session, including disclosure of the general nature of the allegedly unlawful action; or (iii) disclosing non-confidential information which may be acquired during a closed session.
(b) Prior to disclosing confidential information pursuant to (i)-(iii), above, Directors shall first bring the matter to the attention of Legal Counsel, the Chairperson, or the full Board to provide the Board an opportunity to cure an alleged violation, unless doing so would itself constitute a violation of law, court order, or any other statutory obligation.
8.3. CRIMINAL LIABILITY
A Director who willfully and knowingly discloses confidential information received in the course of his or her official duties for monetary gain may be guilty of a misdemeanor under Government Code section 1098.
ARTICLE IX
IMPROPER ACTIVITIES; REPORTING; "WHISTLEBLOWER" PROTECTION
9.1. EXECUTIVE DIRECTOR'S OVERSIGHT RESPONSIBILITY
The Executive Director has primary responsibility for (1) ensuring compliance with the RED’s Personnel Manual, and ensuring that RED employees do not engage in improper activities, (2) investigating allegations of improper activities and reporting these allegations to the Board as appropriate, and (3) taking appropriate corrective and disciplinary actions and reporting these actions to the Board as appropriate.
9.2. BOARD OVERSIGHT
The Board has a duty to ensure that the Executive Director is operating the RED according to law and the policies approved by the Board. Directors are encouraged to fulfill their obligation to the public and the RED by disclosing to the Executive Director, to the extent not prohibited by law, court order, or other statutory obligation, any improper activities within their knowledge.
9.3. NON-INTERFERENCE WITH CORRECTIVE ACTION; BOARD INTERVENTION Directors shall not interfere with the Executive Director’s responsibilities in identifying, investigating and correcting improper activities, unless the Board determines that the Executive Director is not properly carrying out these responsibilities and further determines to take additional actions as it deems appropriate to protect the RED and the public interest.
9.4. PROTECTION FROM RETALIATION
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A Director shall not directly or indirectly use or attempt to use the authority or influence of his or her position for the purpose of intimidating, threatening, coercing, commanding or influencing any other person for the purpose of preventing such person from acting in good faith to report or otherwise bring to the attention of the Executive Director of the Board any information that, if true, would constitute: a work-related violation by a Director or RED employee of any law or regulation; gross waste of RED funds; gross abuse of authority; a specified and substantial danger to public health or safety due to an act or omission of a RED official or employee; use of a RED office or position or of RED resources for personal gain; or a conflict of interest of a RED Director or RED employee.
A Director shall not use or threaten to use any official authority or influence to effect any action as retaliation against a RED Director, RED employee, or member of the public who reports or otherwise brings to the attention of the Executive Director any information regarding the subjects described in this section. (Gov. Code, §§ 53298 and 53298.5; Lab. Code, §§ 1102.5 et seq.)
ARTICLE X
FAIR AND EQUAL TREATMENT
10.1. NON-DISCRIMINATION
Directors, in the performance of their official duties and responsibilities, will not discriminate against or harass any person on the basis of race, religion, color, creed, age, marital status, national origin, ancestry, gender, sexual orientation, medical condition or disability.
10.2. EQUAL TREATMENT
A Director will not grant any special consideration, treatment or advantage to any person or group beyond that which is available to every other person or group in similar circumstances.
ARTICLE XI
PROPER USE AND SAFEGUARDING OF RED PROPERTY AND RESOURCES The California Constitution prohibits a Director from making a “gift of public funds” by utilizing or permitting the use of RED owned vehicles, equipment, telephones, materials or property for his or her personal benefit or for the benefit of third parties without legal authorization. A Director will not ask or require a RED employee to perform services for the personal benefit or profit of a Director. Each Director must protect and properly use any RED asset within his or her control, including information recorded on paper or in electronic form. Directors will safeguard RED property, equipment, moneys, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust.
ARTICLE XII
INSURANCE
12.1. LIABILITY COVERAGE
The RED maintains Errors and Omissions Liability coverage that insures the RED’s Board and Officers against claims made against them for “breach of duty” occurring through negligence, 68 of 149
error or unintentional omission in the performance of their official duties. However, Directors may be personally responsible for a willful misconduct or willful breach of RED Policies and Procedures.
12.2. WORKERS COMPENSATION
To the extent required by law, the RED shall maintain worker's compensation insurance or its lawful equivalent at the statutory limit. Prior to the hiring of any employees, the RED shall also procure Employer’s Liability Coverage, and shall maintain such coverage for so long as the RED has employees.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: CONSIDERATION OF A RESOLUTION AUTHORIZING
APPLICATION TO AND PARTICIPATION IN THE
CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT PROHOUSING
DESIGNATION PROGRAM
Date: February 24, 2026
Written by: JP Harries, Senior Planner
Recommendation
It is recommended that the City Council adopt the accompanying resolution authorizing application to and participation in the California Department of Housing and Community Development Prohousing Designation Program.
Background
On July 1, 2021, the California Department of Housing and Community Development (HCD) established the Prohousing Designation Program pursuant to California Government Code §65589.9. The Program creates incentives for jurisdictions compliant with Housing Element requirements and that can demonstrate that they have enacted, or plan to enact, Prohousing policies in four category areas: Favorable Zoning and Land Use, Accelerating Production Timeframes, Reducing Construction and Development Costs, and Providing Financial Subsidies.
The Prohousing Designation provides jurisdictions with incentives in the form of additional points and other preferences in several of the State’s competitive grant funding programs.
Jurisdictions awarded a Prohousing Designation receive a competitive advantage for critical affordable housing and infrastructure grant programs, including:
• Affordable Housing & Sustainable Communities (AHSC)
• Infill Infrastructure Grant (IIG)
• Transformative Climate Communities (TCC)
• Solutions for Congested Corridors
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• Local Partnership Program
• Transit and Intercity Rail Capital Program (TIRCP)
• Sustainable Transportation Planning Grant Program (STPG) Local governments with Prohousing Designation are also eligible to apply for the Prohousing Incentive Program (PIP):
• Prohousing Incentive Program (PIP)
2023 Authorization
The attached Resolution, with its specific language, is a required application component. The Resolution is intended to supersede attached Resolution No. 2023-7. On February 14, 2023, the City Council adopted Resolution No. 2023-7 authorizing the Community Development Director to apply to and participate in the Prohousing Designation Program.
As discussed in more detail below, the application process for the Prohousing Designation includes a self-scoring worksheet that evaluates a jurisdiction’s adopted housing policies across four key categories. Following the City Council’s authorization in 2023, staff temporarily delayed submitting Cotati’s application, as the City Council had initiated several policy and process updates that would significantly improve the City’s score and strengthen its future grant competitiveness. At that time, the City was actively developing or planning several significant housing policy updates, including:
• Streamlining the review processes for multifamily developments; • Amendments to the Downtown Specific Plan;
• A major update to the Santero Way Specific Plan;
• Rezoning for Cotati Village;
• Revisions to the ADU ordinance;
• Adoption of a mobile home park zoning overlay;
• Implementation of objective design standards for single-family and multiplex housing; • Updated impact fees for compliance, including eliminating impact fees for inclusionary units in market rate multi-family developments;
• Streamlined permitting for historic planned unit developments (PUDs); and • Development of the Cotati Density Bonus provisions.
In addition, the City was awaiting certification of its 2023–2031 Housing Element update by HCD, which occurred on June 2, 2023. Certification of the Housing Element is a key prerequisite for receiving the Prohousing Designation.
In January 2024 HCD released updated Program regulations that effectively rendered City Council Resolution 2023-7 obsolete and may have made Cotati ineligible for the Prohousing Designation at the time because the planned upzoning around the SMART station had not been completed. The 2024 changes included a mandatory 30-day public review period of the draft application and a significant update to an important section of the Resolution. Specifically, Section 3 of the updated resolution (corresponding to Section 4 of the 2023 resolution) was amended as follows (strikeout indicates deleted text; underline indicates new or added text):
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3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code Section 8899.50. the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code Sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property do comply and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).
Plan Bay Area 2050, developed and adopted by the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG), serves as the regional Sustainable Communities Strategy (SCS) for the nine-county San Francisco Bay Area, including Sonoma County.
While the SCS itself does not impose mandatory density requirements on individual jurisdictions, MTC/ABAG have advanced related policies - initially through Transit-Oriented Development (TOD) programs and more recently through the Transit-Oriented Communities (TOC) Policy - to encourage increased residential densities and reduced parking minimums in transit-rich areas. Specifically, for locations like the Cotati SMART train station (classified under commuter rail tiers), the TOC Policy calls for minimum average residential densities of at least 25 units per acre (with allowable maximums of 35+ units per acre) within a half-mile radius of qualifying stations, along with relaxed parking standards (e.g., eliminating or minimizing requirements in many cases).
Cotati’s adoption on January 13, 2026, of updated zoning for the Santero Way Specific Plan (SWSP) area and the Transit-Oriented Communities (TOC) zoning districts significantly increases the allowable residential density from 15 units per acre to 35 units per acre and eliminates parking minimums. These changes align Cotati strongly with the strategies outlined in Plan Bay Area 2050. By enabling higher-density, mixed-use, and transit-oriented housing near the Cotati SMART train station, these updates directly support the regional goals of promoting infill development, improving access to transit, and providing much-needed housing in a way that remains sensitive to local community context and character.
The City operates in accordance with the “7 Principles for Addressing Encampments” (attached), both directly and in our partnerships with County outreach teams and our local SAFE team. The 72 of 149
summary will be included as Appendix 5 of the Prohousing Designation application.
Analysis/Discussion
Pursuing the Prohousing Designation will fulfill Program 3-6 (Prohousing Designation) of the Housing Element, which commits the City to apply for the Prohousing Designation. The PDP application is also consistent with Housing Element Policy H-3-4:
“Seek and utilize available County, State and Federal programs and other funding sources that provide housing opportunities for extremely low, very low, low, and moderate income and special needs households.”
Designation as a Prohousing jurisdiction would make the City more competitive in obtaining grant funding that could be used to produce, acquire, preserve, or rehabilitate affordable housing, in addition to the PIP funding that the City would be eligible for, upon designation.
Program Requirements
HCD’s review and consideration for designating jurisdictions as Prohousing include the following policies, concepts, and standards that direct HCD's review and consideration of a Jurisdiction for a Prohousing Designation:
A. The Jurisdiction’s actions to facilitate the planning, approval, or construction of a variety of housing types (e.g., increasing zoned capacity for supply, facilitating affordability for all income levels, removing regulatory barriers to development, and streamlining approval). Such action should be balanced by the Jurisdiction’s equal efforts to prevent displacement, preserve existing affordable housing, and establish tenant protections.
B. The Jurisdiction's accomplishment of integrated planning and development consistent with the state planning priorities set forth at Government Code section 65041.1 and/or the regional transportation plan adopted by the relevant transportation agency pursuant to Government Code sections 65080 and 65080.01. The Jurisdiction may accomplish this outcome through various actions, including, but not limited to, the facilitation of Location Efficient Communities that reduce auto dependence and VMT, and that are consistent with climate change priorities (e.g., climate change adaptation and hazard mitigation).
C. The Jurisdiction's meaningful actions to foster inclusive and equitable communities with adequate, affordable, and accessible housing and transportation infrastructure pursuant to Government Code section 8899.50.
D. The Jurisdiction's collaboration with public entities to align policies and programs, and with private entities to implement policies and to leverage funding and other resources.
E. The Jurisdiction's compliance with established housing law and recent housing reform statutes (e.g., the Housing Accountability Act, the Streamlined Ministerial Approval Process (California Senate Bill 35 (2017)), and the Housing Crisis Act of 2019 (Stats. 2019, ch. 654).
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The application will ascribe points using four scoring categories. Applicants shall demonstrate (through an adopted Housing Element, current Zoning Ordinance, or locally adopted plans and policies) that they have enacted or proposed at least one policy that significantly contributes to the acceleration of housing production in each of the four categories. A Prohousing Designation requires a total score of 30 points or more across all four categories:
1. Favorable Zoning and Land Use (21 possible points). Examples include allowing duplexes, triplexes, and fourplexes by right in single-unit dwelling zones, going beyond the State Density Bonus Law, going beyond State law for Accessory Dwelling Units (ADUs), eliminating off-street parking requirements, and allowing residential land uses in non-residential zones.
2. Acceleration of Housing Production Timeframes (21 possible points). Examples include ministerial approval processes for a variety of housing types, streamlined environmental review processes, streamlined permitting processes, and reduced plan check times.
3. Reduction of Construction and Development Costs (12 possible points). Examples include deferred, reduced, or waived impact fees and pre-approved plans for ADUs and missing middle housing types.
4. Providing Financial Subsidies (20 possible points). Examples include participating with a local housing trust fund, offering surplus City-owned land for affordable housing development, and prioritization of local general funds for affordable housing.
Along with the four scoring categories are eight additional categories, enhancement factors (EF), which further bolster the program or policies that the jurisdiction is intending to implement.
Based Cotati’s existing housing policies identified in the attached Appendix 3; the City will earn 51 base points and 67 total points with enhancement factor points included. This puts the City well above the 30-point minimum threshold required for designation. The City’s final point total is subject to change after HCD’s review of the Application. If HCD determines that a local policy does not meet the Prohousing policy requirements, HCD may reject the policy and deduct the point(s) identified for that policy. However, with a buffer of 37 total points, the City is well positioned to earn the Prohousing Designation. This higher point total will also make the City more competitive for future PIP funding.
Application Process
The Prohousing Designation application is submitted to HCD for review after the City engages in a public participation process that includes outreach and availability of the draft document for public comment.
The Prohousing Designation application shall be posted for public review and consist of:
• Appendix 1: The formal resolution authorizing the City to apply for a Prohousing Designation
• Appendix 2: Proposed policy completion schedule (for programs not yet completed) 74 of 149
• Appendix 3: Project proposal scoring sheet (and sample project proposal scoring sheet) • Appendix 4: Examples of prohousing policies with enhancement factors • Appendix 5: Homeless Encampment Template
• Appendix 6: Diligent Public Participation Checklist
• Appendix 7: Additional Information and Supporting Documentation Aside from Appendix 3, attached, and the Resolution (Appendix 1), if the City Council approves the application for Prohousing Designation, staff will complete and post the other appendices.
HCD has 60 days from the time the application is submitted to issue preliminary findings to the City. The City has 15 days to provide a written response to HCD. HCD then has 60 days to issue a final determination of the designation as a Prohousing jurisdiction.
Financial Considerations
There are no adverse financial impacts from pursuing a Prohousing designation. The Prohousing Designation Program will provide the City with advantages in certain grant funding programs, which may result in additional grant funding for affordable housing and infrastructure in the future. Technical support to prepare the application from the Napa Sonoma Collaborative is funded by a State grant and thus regional planning staff hours to prepare the application will not be charged to the City.
Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378. Additionally, adoption of this Resolution is exempt from the California Environmental Quality Act (CEQA) under the “common sense” exemption in CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 75 of 149
APPENDIX 3: COTATI PROHOUSING DESIGNATION SELF-SCORING SHEET Category # HCD Prohousing Policy
Language (Permanent
Regulations)
Concise Written Description of
Prohousing Policy
Enacted (E) or
Proposed (P)
Documentation
type (e.g.
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate
Electronic
Copies
Attached
Points
Enhancement Factor
Category
Enhancement
Points
Total Points
1A Three (3) Points.
Sufficient sites, including
rezoning, to
accommodate 150
percent or greater of the
current or draft RHNA,
whichever is greater, by
total and income
category. These
additional sites must be
identified in the
Jurisdiction’s Housing
Element adequate sites
inventory, consistent with
Government Code section
65583, subdivisions (a)(3)
and (c)(1).
The City’s Housing Element
(certified June 2, 2023) projects that
the City has a 68% buffer for LowerIncome, a 105% buffer for Moderate, and a 468% buffer for
Above Moderate categories,
resulting in a total RHNA buffer of
147%.
This buffer was increased through
adoption of the Santero Way
Specific Plan (SWSP) (December
2024) and adoption of the SW and
TOC zoning districts (January 2026)
which significantly increased
allowable density from 15 units/acre
to 35 units/acre within ½ mile of the
SMART station.
E Housing Element
Update Table 9:
RHNA and Site
Capacity
SWSP EIR
Ordinance 939
Housing
Element
SWSP EIR
Ordinance
939
3 1 2 5
1B Three (3) Points.
Permitting missing middle
housing uses (e.g.,
triplexes and fourplexes)
by right in existing lowdensity, single-family
residential zones in a
manner that exceeds the
requirements of SB 9
(Chapter 162, Statutes of
2021, Gov. Code §§
65852.21, 66411.7).
Zoning Code Section 17.22.020,
Table 2-2 lists multifamily plex
housing (up to nine units) as
permitted-by-right in the NL
(Neighborhood, Low Density) zoning
district.
Cotati adopted Objective Design
Standards (ODS), in part, to permit
ministerial/by-right approvals for
multifamily plex housing in singlefamily zones.
E Cotati Municipal
Code
Zoning Code
Section
17.22.020,
Table 2-2
https://www.c
otaticity.gov/1
574/SingleFamily-andPlex-HousingObjective
3 8 1 4
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Cotati's Cottage Housing
Ordinance, adopted in 2021, allows
construction of modestly-sized
single-family detached or attached
residences at a higher density than
the standard zoning permits.
1C Two (2) Points. Sufficient
sites, including rezoning,
to accommodate 125 to
149 percent of the current
or draft RHNA, whichever
is greater, by total and
income category. These
points shall not be
awarded if the applicant
earns three points
pursuant to paragraph
(1)(A). These additional
sites must be identified in
the District’s housing
element adequate sites
inventory, consistent with
Government Code section
65583, subdivisions (a)(3)
and (c)(1).
1D Two (2) Points. Density
bonus programs that
allow additional density
for additional affordability
beyond minimum
statutory requirements.
The “Cotati Density Bonus”
ordinance allows for up to 100%
additional density for projects that
provide at least 25% of units for
affordable housing, which exceeds
the state’s density bonus program.
E Cotati Municipal
Code
Chapter 17.32 2 8 1 3
1E Two (2) Points.
Increasing allowable
density in low-density,
single-family residential
areas beyond the
requirements of state
Accessory Dwelling Unit
Law, (Gov. Code, §§
Cotati's Cottage Housing Ordinance,
adopted in 2021, allows construction
of modestly-sized single-family
detached or attached residences at
twice the maximum density than the
standard zoning permits.
E Cotati Municipal
Code
Cottage
Housing:
Section
17.42.125
2 6 1 3
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65852.2, 65852.22) (e.g.,
permitting more than one
converted ADU; one
detached, new
construction ADU; and
one JADU per singlefamily lot), and in a
manner that exceeds the
requirements of SB 9
(Chapter 192, Statutes of
2021, Gov. Code, §§
65852.21, 66411.7).
These policies shall be
separate from any
qualifying policies under
Category (1)(B).
Approval of a Cottage Housing
project is discretionary but the policy
is applicable citywide, whereas SB 9
is not applicable in much of Cotati
because much of the City is within
designated Critical Habitat for the
endangered California Tiger
Salamander.
1F Two (2) Points.
Eliminating minimum
parking requirements for
residential development
as authorized by
Government Code section
65852.2; adopting
vehicular parking ratios
that are less than the
relevant ratio thresholds
at subparagraphs (A), (B),
and (C) of Government
Code section 65915,
subdivision (p)(1); or
adopting maximum
parking requirements at or
less than ratios pursuant
to Government Code
section 65915,
subdivision (p).
Zoning Code Section 17.36.050,
Table 3-7 provides the City’s
parking requirements for residential
projects. The City’s parking ratios
are less than that required by
Government Code section
65915(p)(1). Cotati only requires 2
spaces for 4+ bedroom units
whereas the Gov Code requires 2.5
spaces for 4+ bedroom units.
Zoning Code Section 17.36.080
provides further opportunities to
reduce parking below the normal
requirements.
In January, 2026, as part of its
Transit-Oriented Communities
(TOC) ordinance, Cotati amended
its parking ordinance to eliminate all
parking minimums for mixed/use
and multifamily developments
located within ½ mile of the Cotati
SMART train Station and imposed a
E Cotati Municipal
Code
Chapter 17.36
Parking and
Loading
Ordinance
939
2213
78 of 149
parking maximum of 1.5 spaces per
unit.
1G Two (2) Points. Zoning or
incentives that are
designed to increase
affordable housing
development in a range of
types, including, but not
limited to, large family
units, Supportive Housing,
housing for transition age
foster youth and deep
affordability targeted
housing for Extremely
Low-Income Households
in all parts of the
Jurisdiction, with at least
some of the zoning, other
land use designation
methods, or incentives
being designed to
increase affordable
housing development in
higher resource areas
shown in the
CTCAC/HCD Opportunity
Map, and with the
Jurisdiction having
confirmed that it
considered and
addressed potential
environmental justice
issues in adopting and
implementing this policy,
especially in areas with
existing industrial or
polluting uses.
The Santero Way Specific Plan
(SWSP) was developed to provide
Affordable, Multifamily, and
Workforce Housing and create new
infill opportunities for high-density
housing on vacant and underutilized
parcels in the Plan Area. The Plan
area is within the city’s highest
resource area (p. 25 Housing
Element Update).
Cotati’s inclusionary ordinance (15%
affordable) and TOC/SWSP
promote mixed-income/multifamily
in transit areas and supports range
of types.
E Santero Way
Specific Plan
City Webpage
Cotati Municipal
Code
Santero Way
Specific Plan
Update
Ordinance
939
2 1 2 3
79 of 149
1H One (1) point. Zoning or
other land use
designation methods to
allow for residential or
mixed uses in one or
more non-residential
zones (e.g., commercial,
light industrial). Qualifying
non-residential zones do
not include open space or
substantially similar
zones.
Mixed Use is allowed by right in all
commercial zones in Cotati.
Live/Work units are also allowed in
commercial zones with approval of a
Use Permit.
E Zoning Code, Table
2-3 Allowed Land
Uses and Permit
Requirements for
Mixed Use
Corridors and
Districts
Chapter 17.22
Allowable
Land Uses
1123
1I One (1) point.
Modification of
development standards
and other applicable
zoning provisions or land
use designation methods
to promote greater
development intensity.
Potential areas of focus
include floor area ratio;
height limits; minimum lot
or unit sizes; setbacks;
and allowable dwelling
units per acre. These
policies must be separate
from any qualifying
policies under paragraph
(1)(B).
Ordinance 939, adopted on January
13, 2026 created two new zoning
districts (SW & TOC) that allows for
significantly higher density (from
max 15 units/acre to max 35
units/acre) imposed minimum FARs,
increased allowable land coverage,
eliminated parking minimums and
imposed parking maximums.EF5 –
The SW/TOC density increases
support intensification of residential
development in Location Efficient
Communities.
E SWSP
Ordinance 939
SWSP
Ordinance
939
11 1J One (1) Point.
Establishment of a
Workforce Housing
Opportunity Zone, as
defined in Government
Code section 65620, or a
Housing Sustainability
District, as defined in
Government Code section
66200.
1K One (1) Point.
Establishment of an
Each residential development must
be designed and constructed to
E Zoning Code
Section 17.31.040
Chapter 17.31
Affordable
1812
80 of 149
inclusionary housing
program requiring new
developments to include
housing affordable to and
reserved for low- and very
low-income households,
consistent with the
requirements of AB 1505
(Chapter 376, Statutes of
2017, Gov. Code, §
65085.01).
provide at least 15% of the total
units as inclusionary units restricted
for occupancy by moderate-, low- or
very low-income households.
Standards for
inclusionary units.
Housing
Requirements
1L One (1) Point. Other
zoning and land use
actions not described in
subdivisions (b)(1)(A)-(K)
of this section that
measurably support the
Acceleration of Housing
Production.
2A Three (3) Points.
Establishment of
ministerial approval
processes for multiple
housing types, including,
for example, single-family,
and multifamily and
mixed-use housing.
In 2024, the City of Cotati adopted
Objective Design Standards (ODS)
for single-family and “plex” housing.
Objective Design Standards support
the ministerial approval processes
of a variety of housing types.
Additionally, Zoning Code Section
17.22.020, Table 2-2 and Table 2-3
list all housing types, including
mixed-use, as permitted-by-right in
all residential and commercial
zones.
EF2 - Objective Design Standards
support the ministerial approval
processes, and reduced review, and
are consistent with the state
planning priorities pursuant to
Government Code section 65041.1.
E City Webpage
Cotati Municipal
Code
Single-Family
and "Plex"
Housing
Objective
Design
Standards |
Cotati, CA
Chapter 17.22
(Allowable
Land Uses)
3 2 1 4
2B Two (2) Points.
Acceleration of Housing
Production through the
The City has adopted program level
EIRs for its General Plan, Santero
Way Specific Plan, and the
E City Website
General Plan EIR
General Plan
Environmenta
l Impact
2 2 1 3
81 of 149
establishment of
streamlined, programlevel CEQA analysis and
certification of general
plans, community plans,
specific plans with
accompanying
Environmental Impact
Reports (EIR), and related
documents.
Downtown Specific Plan and has
relied on those program-level EIRs
to streamline the CEQA process for
housing projects.
Evidence of this streamlining effort
can be found in the adopted CEQA
analyses for numerous housing
projects resulting in the entitlement
of 464 housing units (not including
ADUs) in the last two years.
Projects include: Cotati Village 1
(177 units), Cotati Village 2 (126
units), Flahavan Estates (35 units),
Redwood Row (178 units), 8150 La
Plaza (5 units).
EF2 – Streamlined environmental
review to accelerate housing
promotes development consistent
with the state planning priorities
pursuant to Government Code
sections 65041 and 65183.
Santero Way
Specific Plan EIR
Downtown Specific
Plan EIR
Report (EIR) |
Cotati, CA
AttachmentB-1-SanteroWay-SpecificPlan-UpdateFinal-EIR Downtown
Specific Plan |
Cotati, CA
Projects in
Progress
Website
2C Two (2) Points.
Documented practice of
streamlining housing
development at the
project level, such as by
enabling a by-right
approval process or by
utilizing statutory and
categorical exemptions as
authorized by applicable
law, such as Pub.
Resources Code, §§
21155.1, 21155.4,
21159.24, 21159.25; Gov.
Code, § 65457; Cal Code
Regs., tit. 14, §§ 15303,
Cotati developed a written
streamlined application process in
accordance with SB 35 and SB 330,
including the pre-application and the
procedure. This process provides a
streamlined ministerial approval
process to qualified residential and
mixed-use development projects.
The written procedures and
checklists are available at City Hall
and on the City’s website.
E City Website
Housing Element
Update
Program 2-2:
Streamlining
Housing
Development
Housing
Element: p.
37-38
SB 35
Application
Form:
https://www.c
otaticity.gov/D
ocumentCent
er/View/2076/
SB-35-
Application
SB 330
Application
2 2
82 of 149
15332; Pub. Resources
Code, §§ 21094.5, 21099,
21155.2, 21159.28.
Form:
https://www.c
otaticity.gov/D
ocumentCent
er/View/2075/
SB-330-andSB-35-
PreliminaryApplication
2D Two (2) Points.
Establishment of
permitting processes that
take less than four
months to complete.
Policies under this
subparagraph must
address all approvals
necessary to issue
building permits.
2E Two (2) Points. Absence
or elimination of public
hearings for projects
consistent with zoning
and the general plan.
2F Two (2) Points. Priority
permit processing or
reduced plan check times
for homes affordable to
Lower-Income
Households.
The City will continue to provide
developers of residential projects
opportunities to fast track the
permitting process, with priority
given to discretionary projects
proposing affordable housing levels
in excess of the minimum 15%
inclusionary BMR housing units.
E Housing Element
Update
Program 2-2:
Streamlining
Housing
Development
Housing
Element
Update: p. 37-
38 22
2G One (1) Point.
Establishment of
consolidated or
streamlined permit
processes that minimize
the levels of review and
approval required for
projects, and that are
consistent with zoning
Cotati provides and encourage preapplication meetings. Joins in regional collaboration efforts that
can streamline housing efforts or
increase staff capacity, expanded
existing Objective Design and
Development Standards for SB 35
projects to apply to multi-family,
single-family and mixed-use
projects.
E Housing Element
Update
Program 2-2:
Streamlining
Housing
Development
Housing
Element
Update: p. 37-
38 11
83 of 149
regulations and the
general plan. In 2019 the City eliminated the
Design Review Committee thus
reducing the number of public
hearings needed for project
approval.
2H One (1) Point. Absence,
elimination or
replacement of subjective
development and design
standards with objective
development and design
standards that simplify
zoning clearance and
improve approval
certainty and timing.
The City adopted Objective Design
Standards for single-family and
“plex” housing in 2024 to replace
subjective development and design
standards.
E Cotati Municipal
Code
Program 2-2:
Streamlining
Housing
Development
Chapter 17.39
Objective
Design
Standards
Housing
Element
Update p. 37-
38 11
2I One (1) Point.
Establishment of onestop-shop permitting
processes or a single
point of contact where
entitlements are
coordinated across City
approval functions (e.g.,
planning, public works,
building) from entitlement
application to certificate of
occupancy.
The City’s community development
functions are centralized into one
department, and the Permit
Technician serves as the initial point
of contact for coordination of
development across divisions. The
Community Development Director
provides broad oversight over
development services, and
ministerial approval processes are
applied wherever feasible.
Development applications are
centralized through the Cloudpermit
database.
Additionally, in 2025 the City
implemented a new policy of
identifying a “Project Manager”
(typically a planner) that coordinates
a proposed project through the
various departments from
entitlement, improvements plans,
issuance of building permits, and
construction, and acts a single
source of contact for an applicant.
E City Website
Community
Development
Department
https://www.c
otaticity.gov/2
00/Communit
yDevelopment
Cloudpermit
11 2J One (1) Point. Priority
permit processing or
The City has streamlined the ADU
application processing by
E Housing Element
Update
Housing
Element
1212
84 of 149
reduced plan check times
for ADUs/JADUs or
multifamily housing.
eliminating the Planning entitlement
process and relying instead on
planning department review and
sign-off of the building permit.
The City has also adopted a
program for pre-reviewed ADU
plans and promotes them on the
City’s website.
EF2 – Supporting infill projects like
ADU’s and JADU’s promote
development consistent with the
state planning priorities pursuant to
Government Code section 65041.1.
Program A-3.6
Encourage the
Development of
Accessory Dwelling
Units
City Website
Update: p. 38-
39 Pre-Reviewed
ADU Plans
Program |
Cotati, CA
2K One (1) Point.
Establishment of a
standardized application
form for all entitlement
applications.
The City offers a Master Planning
Application available through its
Online Permitting Website.
E Planning Permit
Application
PlanningPermitApplication11
2L One (1) Point.
Documented practice of
publicly posting status
updates on project permit
approvals on the internet.
The City's Projects in Progress
webpage provides up-to-date
information on major development
projects throughout the permitting
and construction process citywide.
E City Website Projects in
Progress |
Cotati, CA
11 2M One (1) Point. Limitation
on the total number of
hearings for any project to
three or fewer. Applicants
that accrue points
pursuant to paragraph
(2)(E) are not eligible for
points under this
subparagraph.
2N One (1) Point. Other
policies not described in
subdivisions (b)(2)(A)-(M)
of this section that
quantifiably decrease
production timeframes or 85 of 149
promote the streamlining
of approval processes.
3A Three (3) Points. Waiver
or significant reduction of
development impact fees
for residential
development with units
affordable to LowerIncome Households. This
provision does not include
fees associated with the
provision of housing
affordable to LowerIncome Households (e.g.,
inclusionary in lieu fees,
affordable impact fees
and commercial linkage
fees).
In August, 2025, the City adopted a
3-year pilot program to waive up to
25% of impact fees for affordable
multifamily projects.
E City Website https://cotatici
ty.primegov.c
om/Portal/Me
eting?meeting
TemplateId=7
230
33 3B Two (2) Points. Adoption
of policies that result in
less restrictive
requirements than
Government Code
sections 65852.2 and
65852.22 to reduce
barriers for property
owners to create
ADUs/JADUs. Examples
of qualifying policies
include, but are not limited
to, development
standards improvements,
permit processing
improvements, dedicated
ADU/JADU staff, technical
assistance programs, and
pre-approved ADU/JADU
design packages.
The City offers a Pre-Reviewed
ADU Plans Program where
designers can submit ADU plans for
pre-approval for compliance with the
CA Building Code, and property
owners to utilize these plans to
reduce plan check timelines and
construction costs. The program
helps the City meet the goal of
creating diverse housing options
throughout Cotati by encouraging
ADU construction.
EF2 - Reducing review for ADU
legalization supports infill
development consistent with Gov
Code Section 65041.
E City Website Pre-Reviewed
ADU Plans
Program |
Cotati, CA
2213
3C One (1) Point. Adoption of
other fee reduction
strategies separate from
paragraph (3)(A),
86 of 149
including fee deferrals
and reduced fees for
housing for persons with
special needs. This
provision does not include
fees associated with the
provision of housing
affordable to LowerIncome Households (e.g.,
inclusionary in lieu fees,
affordable impact fees
and commercial linkage
fees).
3D One (1) Point.
Accelerating housing
production through
innovative housing types
(e.g., manufactured
homes, recreational
vehicles, park models,
community ownership,
and other forms of social
housing) that reduce
development costs.
Mobile/manufactured homes are
allowed by right in multiple zoning
districts: RR - Rural Residential,
RVL - Residential Very Low Density,
NL - Neighborhood, Low Density,
NM - Neighborhood, Medium
Density, and NU - Neighborhood,
Urban
E City Zoning Code
and Zoning Map
Zoning Map
Chapter 17.22
Allowable
Land Uses
11 3E One (1) Point. Measures
that reduce costs for
transportation-related
infrastructure or programs
that encourage active
modes of transportation or
other alternatives to
automobiles. Qualifying
policies include publicly
funded programs to
expand accessible
sidewalks or protect
bike/micro-mobility lanes;
creation of on-street
parking for bikes; transitrelated improvements; or
establishment of carshare
programs.
Ordinance 939, adopted on January
13, 2026, modified the City’s
objective design standards to
require incorporation of mobility hub
features. Applicants can select from
a list that including micromobility
stations and drop zones, dedicated
car share, loading zones for ride-hail
& shuttles, wayfinding signage for
off-site transit, and bicycle parking.
Cotati is an active participating City
in the Redwood Bikeshare Program
and allows use of the public right-ofway for bicycle hubs and subsidizes all permitting costs associated with
the program.
E Ordinance/Cotati
Municipal Code
Internet/Phone App
Ordinance
939
Redwood
Bikeshare
1512
87 of 149
3F One (1) Point. Adoption of
universal design
ordinances pursuant to
Health and Safety Code
section 17959.
Cotati requires 10% of all homes in
a subdivision of over 5 parcels to be
single-story and include accessibility
features. CMC Section 17.78.030.C
Policy H-3-6: Continue to facilitate
accessible universal design in new
housing development and eliminate
further barriers to safe and
accessible housing for people with
disabilities.
E Cotati Municipal
Code
Housing Element
Update
Policy H-3-6
City Of Cotati,
Ca
Subdivision
Design And
Improvement
Requirements
Housing
Element
Update: p. 13
& p. 42
1 1
3G One (1) Point.
Establishment of preapproved or prototype
plans for missing middle
housing types (e.g.,
duplexes, triplexes, and
fourplexes) in low-density,
single-family residential
areas.
The City conducts ongoing
monitoring of new state legislation. If
the proposed AB 1206 (2026)
passes, the City will expand its
existing program to provide preapproved plans for ADUs to singlefamily and multi-family residences by January 1, 2028, in consistency
with pending State law.
P Proposed California
legislation, AB
1206 (2026)
https://leginfo.
legislature.ca.
gov/faces/bill
NavClient.xht
ml?bill_id=20
2520260AB12
06 1 1
3H One (1) Point. Adoption of
ordinances that reduce
barriers, beyond existing
law, for the development
of housing affordable to
Lower-Income
Households
Adoption of the SW and TOC zoning
districts reduce barriers for
development
E TOC Ordinance Ordinance
939
1 5 1 2
3I One (1) Point. Other
policies not described in
subdivisions (b)(3)(A)- (H)
of this section that
quantifiably reduce
construction or
development costs.
Cotati has adopted a Development
Impact Fee Deferral Program that
allows residential projects to defer
fees without accruing interest or
requiring City Council approval.
E Cotati Municipal
Code
City Of Cotati,
CA
Development
Impact Fee
Deferrals
1 1
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4A Two (2) Points.
Establishment of a
housing fund or
contribution of funds
towards affordable
housing through proceeds
from approved ballot
measures.
The City will continue the Housing
Fund, with contributions collected
from private and public sources to
implement and/or supplement the
City's housing programs. Use the
Housing Fund to make housing
available to very low to moderateincome Cotati residents, with an emphasis on very low and low
income units for individuals and
large families, affordable senior
housing, and transitional/supportive
housing
E Housing Element
Update
Program 3-2:
Funding for
Affordable and
Special Needs
Housing
Housing
Element
Update: p. 44
2413
4B Two (2) Points.
Establishment of local
housing trust funds or
collaboration on a
regional housing trust
fund, which include the
Jurisdiction’s own funding
contributions. The
Jurisdiction must
contribute to the local or
regional housing trust
fund regularly and
significantly. For the
purposes of this
subdivision, “regularly”
shall be defined as at
least annually, and
“significant” contributions
shall be determined
based on the impact the
contributions have in
accelerating the
production of affordable
housing.
4C Two (2) Points.
Demonstration of regular
use or planned use of
funding (e.g., federal,
state, or local) for
89 of 149
preserving assisted units
at-risk of conversion to
market rate uses and
conversion of market rate
uses to units with
affordability restrictions
(e.g.,
acquisition/rehabilitation).
For the purposes of this
subdivision, “regular use”
can be demonstrated
through the number of
units preserved annually
by utilizing this funding
source.
4D Two (2) Points. Provide
grants or low-interest
loans for ADU/JADU
construction affordable to
Lower- and ModerateIncome Households.
4E Two (2) Points. A
comprehensive program
that complies with the
Surplus Land Act (Gov.
Code, § 54220 et seq.)
and that makes publicly
owned land available for
affordable housing, or for
multifamily housing
projects with the highest
feasible percentage of
units affordable to LowerIncome Households. A
qualifying program may
use mechanisms such as
land donations, land sales
with significant writedowns, or below-market
land leases.
The City leveraged available land at
120 East Cotati Avenue for the
provision of 100% affordable
housing to low-income households.
The proposed development features
a mix of studio, 1-bedroom, 2-
bedroom, and 3-bedroom units, for
a total of 43 homes available to
households below 80% AMI, with
one manager’s unit.
E HCD’s Surplus
Lands Act
determination for
120 East Cotati
Avenue
120 East Cotati
Avenue Plan Set
https://www.h
cd.ca.gov/site
s/default/files/
docs/planning
-andcommunity/H
AU/cotatiexemptreview081324.pdf
https://www.c
otaticity.gov/D
ocumentCent
er/View/2881/
Plan-Set
22 90 of 149
4F Two (2) Points.
Establishment of an
Enhanced Infrastructure
Financing District or
similar local financing tool
that, to the extent
feasible, directly supports
housing developments in
an area where at least 20
percent of the residences
will be affordable to
Lower-Income
Households.
The Santero Way Specific Plan
proposes the formation of an EIFD
to support infrastructure
improvements,
development of
public facilities,
affordable housing
development within the priority
development area adjacent to
Cotati’s light rail station.
The City Council authorized the City
Manager to retain a consultant to
evaluate the feasibility of an EIFD
on November 18, 2025. The
agreement with the consultant was
executed on December 12, 2025.
P Santero Way
Specific Plan –
Funding and
Financing Strategy
Santero Way
Specific Plan
–
Implementatio
n Section
November 18,
2025 Council
Meeting
22 4G Two (2) Points.
Prioritization of local
general funds to
accelerate the production
of housing affordable to
Lower-Income
Households.
To ensure pending and approved
projects will be available for
occupancy within the planning
period, the City, using the General
Fund, will proactively support the
processing, approval, and
development of these projects.
Specifically, the City will provide
automatic fee subsidies and/or inkind services valued at up to $25,000 for 100% affordable
housing developments that comply
with the City’s adopted development
standards, offer automatic fee
deferrals until occupancy for all
residential units, streamline permit
processing by automatically moving
these projects to the front of the
queue, and proactively approve
requests for extensions of approved
entitlements on these sites as
permitted by law.
E Housing Element
Update
Program 2-7:
Support
Development of
Proposed Projects
Housing
Element
Update: p. 41
22 4H One (1) Point. Directed
residual redevelopment
funds to accelerate the
91 of 149
production of affordable
housing.
4I One (1) Point.
Development and regular
(at least biennial) use of a
housing subsidy pool,
local or regional trust
fund, or other similar
funding source sufficient
to facilitate and support
the development of
housing affordable to
Lower-Income
Households.
The City will support affordable
housing using the Housing Fund
and/or various County, State,
Federal or other funding sources.
E Housing Element
Update
Program 3-2:
Funding for
Affordable and
Special Needs
Housing
Housing
Element
Update: p. 44
1 1
4J One (1) Point.
Prioritization of local
general funds for
affordable housing. This
point shall not be awarded
if the applicant earns two
points pursuant to
paragraph (4)(G).
4K One (1) Point. Providing
operating subsidies for
permanent Supportive
Housing.
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4L One (1) Point. Providing
subsidies for housing
affordable to Extremely
Low-Income Households.
4M One (1) Point. Other
policies not described in
subdivisions (b)(4)(A)-(K)
of this section that
quantifiably promote,
develop, or leverage
financial resources for
housing affordable to
Lower-Income
Households.
The City’s Development Impact Fee
Deferral Program implements and
promotes the opportunities provided
under SB 937 by providing an
Impact Fee Deferral Agreement
Template and Fee Estimate
Request Form for qualifying
residential developments.
E City website https://www.c
otaticity.gov/1
615/Develop
ment-ImpactFee-DeferralProgram1 1
TOTAL 51 16 67
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U.S. Interagency Council on Homelessness
7 Principles for Addressing Encampments
Purpose
This document provides a set of principles to help communities as they develop and implement their response to encampments.
Background
Communities across the United States face a crisis of unsheltered homelessness and encampments. 2020 marked the first time that more individuals experiencing homelessness were unsheltered than sheltered. The COVID-19 public health crisis has only exacerbated this ongoing emergency, with unsheltered people confronted by a global pandemic on top of daily threats to health and safety. These daily threats take the lives of thousands of people experiencing homelessness each year.
Local decision-makers are caught between demands for swift action and the reality that permanent, sustainable solutions—housing with voluntary supportive services—take time and investment to bring to scale. With rising housing costs and limited resources, elected officials, nonprofit providers, businesses, the faith community, advocates, and people with lived experience often struggle to find common ground and effective solutions. Some communities turn to strategies that use aggressive law enforcement approaches that criminalize homelessness, or they close encampments without offering shelter or housing options. These approaches result in adverse health outcomes, exacerbate racial disparities, and create traumatic stress, loss of identification and belongings, and disconnection from much-needed services. While these efforts may have the short-term effect of clearing an encampment from public view, without connection to adequate shelter, housing, and supportive services, they will not succeed. When people’s housing and service needs are left unaddressed, encampments may appear again in another neighborhood or even in the same place they had previously been.
Homelessness is a complex social problem with roots in racial inequities. As communities continue to build political and public will and mobilize the resources necessary to provide housing and services to end homelessness, we must acknowledge that homelessness is a failure of systems, not individuals and that we all have a constructive role to play in addressing it. Addressing encampments and ending unsheltered homelessness will require a system-wide, coordinated effort to promote healthy and safe communities where all can live in dignity.
We know that each community is different, and no one-size-fits-all solution exists. We are, however, beginning to see effective practices emerge from communities that successfully address unsheltered homelessness and move people from encampments into housing and support. Based on these efforts, the principles outlined here are intended to help communities as they develop and implement their responses to encampments. As we come together to create comprehensive, community-wide solutions to encampments, our communities will become safer and more welcoming for all.
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Principle 1: Establish a Cross-Agency, Multi-Sector Response to Encampments Engaging people in encampments requires cross-departmental and community-wide collaboration and coordination.
Effective coordination includes all relevant partners and may vary depending on the size of the community:
• City and County officials, including the Mayor, City/County Manager, and other public officials • The homelessness response system including:
o Continuum of Care
o Coordinated Entry
o Homeless Management Information System (HMIS)
o Homeless outreach providers, including peer specialists o Emergency shelter providers
o Transitional housing providers
o Permanent housing providers
• Encampment residents
• Public housing authorities
• Behavioral health departments and community providers • Public health departments
• Hospital systems
• Health Care for the Homeless projects, federally qualified health centers, and rural health centers • Parks departments
• Departments of public works
• Departments of transportation
• Emergency management agencies
• School districts and McKinney-Vento liaisons
• Advocacy groups, especially those led by people with lived experience of homelessness • Neighborhood volunteers and mutual aid groups
• Faith community
• Business community
• Landlords and housing developers
Such collaboration facilitates communication to account for the needs of encampment residents as well as the neighborhood. To this end, some communities have found it helpful to utilize a “command center” approach by establishing daily coordination meetings among all providers, volunteers, and city/county agencies involved with encampment planning and response. This command center approach involves daily updates and “huddles” to ensure continued communication and coordination.
While law enforcement may need to play a role in decommissioning an encampment, law enforcement should not drive the process, but instead, serve as one of many collaborative partners in designing and implementing effective strategies.
Resources:
• Ending Homelessness for People Living in Encampments: Advancing the Dialogue (USICH) • Effective Police-Mental Health Collaboration Responses to People Experiencing Homelessness (Department of Justice’s Bureau of Justice Assistance)
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• Sharing the Solutions: Police Partnerships, Homelessness, and Public Health (Department of Justice’s Office of Community Oriented Policing Services and The Center for Court Innovation) Principle 2: Engage Encampment Residents to Develop Solutions Successful strategies rely on connecting early and often with encampment residents and centering their identified needs. Like with all aspects of an effective homelessness response, engaging with encampments should prominently and meaningfully include elevating the lived expertise of people experiencing unsheltered homelessness. To the extent possible, encampment residents should take part in discussions and decisions related to their living environments.
Encampment residents may choose to identify an encampment spokesperson or liaison to speak on behalf of the group.
When an encampment is going to be closed, ample, visible public notice must be given. Encampment closures should occur only after outreach teams have had time to engage with residents to find alternative shelter, housing, and service options.
Resources:
• Engaging Individuals With Lived Expertise (HUD)
Principle 3: Conduct Comprehensive and Coordinated Outreach The most effective outreach responses connect people directly to shelter and housing, mental health and treatment services, and health care. They are part of an overall coordinated homeless response system, linked by sharing data and information, using a coordinated map to identify coverage and or gaps in outreach across the city/county.
Ideally, outreach is not solely focused on encampment removals but occurs regularly and consistently well before an encampment closure. Multidisciplinary outreach teams can help meet many of the immediate needs of encampment residents while providing connections and resources to support successful transitions into housing. These efforts should coordinate with a broader network of programs, services, or staff who are likely to encounter individuals experiencing unsheltered homelessness. These teams might include peer outreach workers, law enforcement, and other first responders, hospitals, health and behavioral healthcare providers, child welfare agencies, homeless education liaisons, workforce systems, faith-based organizations, and other community-based providers. Approaches that center public health, including deploying alternate response teams, such as mobile crisis teams, Assertive Community Treatment (ACT) teams, or Homeless Outreach Teams (HOT teams), are proven outreach models that help build trust and save lives.
Resources such as street medicine and harm reduction strategies can help meet the health needs of people experiencing unsheltered homelessness, especially those with mental illness and/or substance abuse disorders. Outreach and services should be person-centered, trauma-informed, low-barrier, and voluntary.
Additionally, a coordinated neighborhood-by-neighborhood outreach approach in which teams have ample time to build trusting relationships in specific geographic areas can result in higher acceptance rates for housing, shelter, and services and stronger communication and support from neighbors and businesses. 96 of 149
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U.S. Interagency Council on Homelessness 4
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Resources:
• Core Elements of Effective Street Outreach to People Experiencing Homelessness (USICH) Principle 4: Address Basic Needs and Provide Storage
Thoughtful, effective strategies to address encampments can take time to implement. While people are still living in encampments, we encourage public restrooms, parks, and other community spaces to remain open and for cities to continue public services such as garbage collection, provision of sharps containers, facility maintenance, and regular cleaning. The COVID-19 pandemic reinforced the urgency of promoting public health for both sheltered and unsheltered individuals and ensuring that all residents have safe and sanitary places to wash their hands and use the restroom.
Providing access to storage for people experiencing unsheltered homelessness is also important. Communities should take special care to avoid destroying personal belongings when an encampment closes and provide storage for an adequate period to allow a person the opportunity to collect their belongings. Fear of losing belongings can be a determining factor in whether a person chooses to move into a shelter or not. When an encampment is closing, or a person chooses to go into a shelter or treatment program that cannot accommodate all of their belongings, providing secure, accessible storage options can ensure that they do not lose personal items, including clothing and identification.
Resources:
• Interim Guidance on People Experiencing Unsheltered Homelessness (Centers for Disease Control and Prevention)
• Protecting Health and Well-being of People in Encampments During an Infectious Disease Outbreak (HUD) • Infectious Disease Toolkit for Continuums of Care: Preventing & Managing the Spread of Infectious Disease within Encampments (HUD)
Principle 5: Ensure Access to Shelter or Housing Options Encampments should not be closed unless there is access to low-barrier shelter or housing. Moving encampment residents around without a place to go to will only cause further instability and trauma. The urgency to end homelessness is often stymied by significant barriers to locate or construct permanent affordable housing. Emergency shelters are often full. Community responses to the COVID-19 pandemic tested new models of non-congregate shelter in hotels and motels with success when congregate shelters had to reduce capacity by half. However, in some cases, this was not enough. Communities had to turn to alternative sheltering options, such as “tiny houses,” safe parking lots, and sanctioned encampments or safe sleeping sites. When communities need to deploy these alternative shelter options, they should ensure that they account for personal choice, that they are voluntary, sanitary, safe, and connect people to services and housing. It is important to offer a range of shelter and housing options that meet the needs of an individual or family unit. Across each encampment engagement strategy, planning and budgeting should ultimately focus on the primary goal, which is how people can exit homelessness and move as quickly as possible into permanent housing.
Communities may need to deploy many of these interim solutions as they work to create more permanent affordable housing options. Interim shelter solutions should ensure voluntary, sanitary, and safe shelter with few programmatic requirements to serve all those in need. Interim solutions should include a range of person-centered options, with as 97 of 149
June 2022 / Last Updated June 17
U.S. Interagency Council on Homelessness 5
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much individual choice as possible, including trauma-informed services and other models based on principles of harm reduction, which keep people alive and create pathways to mental health care, substance use treatment, and housing.
Providing interim solutions should not come at the expense of a community’s commitment to developing permanent housing and service solutions but should instead be viewed as a necessary emergency response to the crisis of encampments.
Resources:
• Caution is Needed When Considering “Sanctioned Encampments” or “Safe Zones” (USICH) • Model Transitions from Non-Congregate Shelter: Joint Recommendations for Assisting People Experiencing Homelessness (FEMA and HUD)
• Exploring Homelessness Among People Living in Encampments and Associated Cost: City Approaches to Encampments and What They Cost (HUD and HHS)
Principle 6: Develop Pathways to Permanent Housing and Supports To end homelessness for everyone, we must link people experiencing unsheltered homelessness with permanent housing opportunities with the right level of services to ensure that those housing opportunities are stable and successful. When adequate housing options and voluntary wraparound supports are readily available, Housing First strategies have been shown to be effective in ending homelessness for people with complex medical, mental health, and substance use issues. However, the challenge remains that many communities do not have access to enough units or supportive services to scale up this approach. Cities, counties, and states must coordinate their efforts to mobilize available resources—including significant funding from the American Rescue Plan—to move people as quickly as possible from homelessness into housing. Close coordination with their local CoC’s Coordinated Entry System (CES) is also important to determine how people in encampments will be prioritized for housing and services.
Whether directly from unsheltered homelessness into permanent housing with supports or through the interim step of dignified shelter, our efforts to address encampments must be focused on providing access to both housing and services to help people stabilize and reconnect with friends and family, and the community.
Resources:
• Case Studies: Ending Homelessness for People Living in Encampments (USICH) • Planning a Housing Surge to Accelerate Rehousing Efforts in Response to COVID-19 (HUD) • Housing Surges—Special Considerations for Targeting People Experiencing Unsheltered Homelessness (HUD) Principle 7: Create a Plan for What Will Happen to Encampment Sites After Closure Some encampments are in places that are not safe. Encampments located in medians near highways and in spaces that have been identified as hazardous waste sites are not safe, and communities should take measures to secure those locations to keep encampments from returning.
For encampments in public spaces like parks, communities should engage neighborhoods, the faith, business communities, and formerly homeless individuals to reimagine and invest in these public spaces so that all residents can 98 of 149
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U.S. Interagency Council on Homelessness 6
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benefit from their use. Plans for former encampment sites should emphasize safety, accessibility, and inclusivity.
Communities can invest in infrastructure improvements in former encampment sites. Examples include curb cuts to increase mobility access and enhanced lighting to encourage safety.
Additionally, communities can facilitate local coordination among public works, service providers, and volunteer organizations to establish coordinated strategies to serve people experiencing homelessness who may continue to use the public space after the encampment is gone.
Resources:
• Crime Prevention through Environmental Design: It’s More than Just Lighting (2016 Choice Neighborhoods Conference)
• The Curb-Cut Effect (Stanford Social Innovation Review) • Coexistence in Public Space: Engagement tools for creating shared spaces in places with homelessness (SPUR and Gehl)
For more guidance:
• Read “Responding to the Growing Crisis of Unsheltered Homelessness and Encampments,” a blog by USICH Regional Coordinator Katy Miller.
• Read “What Other Cities Can Learn From Boston’s Public Health Approach to Encampments,” a blog by HUD Senior Advisor of Housing and Services Richard Cho.
• Subscribe to the USICH newsletter to receive future guidance and resources. • Contact the USICH regional coordinator for your state. 99 of 149
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
AUTHORIZING APPLICATION TO AND PARTICIPATIOIN IN THE PROHOUSING
DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and
WHEREAS, the California Department of Housing and Community Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Cotati (“Applicant”) desires to submit an Application for a Prohousing Designation (“Application”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cotati that:
1. Applicant is hereby authorized and directed to submit an Application to the Department.
2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.
3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code Sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property do comply and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).
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4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).
5. Applicant acknowledges and agrees that it shall be subject to the Application, the terms and conditions specified in the Program Documents, the Program Regulations, and any and all other applicable law.
6. City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.
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 February 24, 2026, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
Approved:___________________________
Mayor
Attest: _____________________________
Kevin Patterson, City Clerk
Approved as to form:
______________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: Cotati City Council
Subject: ANNUAL POLICE CHIEF REPORT TO THE COMMUNITY
Date: February 24, 2026
Written by: Chris Simmons, Chief of Police
Recommendation
It is recommended that the City Council receive and discuss the annual Police Chief report for the calendar year 2025.
Background
In 2021, the Chief of Police presented the first annual report to the City Council and the community, which covered activities and statistics from the previous calendar year (2020). Since then, there have been a total of five annual reports presented (2020, 2021, 2022, 2023, 2024).
These reports are posted publicly on the City of Cotati website for ease in accessibility so that the community may better understand the undertakings the police department is involved in and the ways in which we continue to make our city safe.
This current presentation marks the sixth annual report and is presented for the 2025 calendar year. As with the previous reports, the 2025 annual report is a tool for open discussions and will be posted on the website for greater accessibility and transparency.
Analysis/Discussion
The annual report consists of numerous data elements related to police and South County SAFE (Specialized Assistance For Everyone) calls for service, arrests, NIBRS (National Incident Based Reporting System) crime statistics, traffic citations, citizen complaints, and uses of force.
As has been the case in previous years, a large portion of this year’s annual report is dedicated to RIPA (Racial Identity Profiling Act) data and Cotati Police Department’s pledge to ensure equitable service delivery and treatment of our citizens and visitors. RIPA was formed as part of 102 of 149
AB953 (Weber, 2016).
The California Department of Justice (DOJ), Office of the Attorney General, developed a RIPA Board to analyze a “stop data” collection process. On July 1, 2018, the eight largest police agencies in California began collecting stop data and reporting the information to the DOJ.
A “RIPA stop” is defined as any detention or search, with the goal to “collect perceived demographic and other detailed data regarding pedestrian and traffic stops.” The bill required an agency that employs between one and 334 peace officers to issue its first annual report to DOJ by April 1, 2023. (All police agencies in Sonoma County, including the Cotati Police Department, are in this category).
For transparency, the Cotati Police Department decided to collect RIPA data before the scheduled mandate. Our Police Department is a member of a Public Safety consortium. Members of the consortium include the Sonoma County Sheriff’s Department, cities of Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma, and Windsor (Sonoma and Windsor contract services with Sheriff’s Department).
Collectively, the consortium agencies started collecting RIPA data using patrol car mobile computers and smart phones on July 1, 2021. The data is collected by the consortium and transmitted to the DOJ daily for review and quality control. This data set then becomes the single “point of truth” for validated data statewide.
The RIPA Board released its most recent annual report on January 1, 2026. The 2026 report contains an analysis of more than 5.1 million police stops conducted in 2024 under RIPA (The RIPA report is always a year behind in data reporting). The full report is available at https://oag.ca.gov/ab953/board/reports.
Per the Board’s report, the stop data for perceived ethnicity for the state of California in 2024 was similar to that of 2022 and 2023:
2022 2023 2024
White 32.5% 31.96% 31.28%
Hispanic/Latine(x) 42.9% 43.07% 43.31%
Black 12.5% 12.14% 12.09%
Asian 5.5% 5.72% 5.87%
Note that Middle Eastern/South Asian (5.43%), Multiracial (1.23%), and Pacific Islander (0.53%), Native American (0.26%) were also reported in 2025. These numbers are also similar to previous years.
Comparatively, the stop data for perceived ethnicity for the Cotati Police Department for 2022, 2023, 2024, and 2025 were as follows:
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2022 2023 2024 2025
White 57% 54% 51.56% 50.00%
Hispanic/Latine(x) 30% 31% 34.46% 37.31%
Black 6% 6% 5.93% 6.46%
Asian 3% 3% 3.55% 3.03%
Other RIPA data is available throughout the annual report’s respective slide presentation (attached) and provides information on perceived age, gender, reason for the stop, searches conducted, types of property seized, duration of stops, and results of stops.
Calls for service and officer-initiated activity totaled 12,882 in 2025, representing a comparative increase of 272 events to the year prior (2024 totaled 12,610 calls/activities/events). Calls for service were up by 773 and officer-initiated activities were down by 501; however, officerinitiated activities in 2025 remained comparatively higher when associated with the previous two years in 2023 and 2022 (600 more in 2025 versus 2023, and 871 more in 2025 versus 2022).
The Cotati Police Department has continued to center its priorities on safety and enforcement related to driving under the influence (DUI); DUI arrests nearly tripled in 2024 to 224 (78 in 2023) and were similarly high in 2025 at 203. As was the case in 2024, overall reporting, proactivity, arrest statistics, stop data, and associated contacts increased in 2025.
The remainder of the annual report centers on organizational, procedural, and training aspects of the Cotati Police Department, including numerous community outreach efforts that staff were involved in throughout 2025.
Financial Considerations
Sizable data extraction, analysis, formatting, and ultimate reporting require significant staff time.
The addition of the records analyst position has greatly helped to streamline the process of mining and charting data and information, especially with some data that can be challenging to extract and decipher from its raw format. The reliability of such data and the context by which to interpret such data can also be challenging. The continuous mining of data and analytics associated with providing enhanced details of such data may have greater financial impacts in the future.
Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
Attachments:
Cotati Police Department “2025 Annual Report FINAL” presentation. 104 of 149
COTATI POLICE
DEPARTMENT
2025
ANNUAL
REPORT
203 W. SIERRA AVENUE, COTATI,
CA
NON-EMERGENCY: (707) 792-4611 105 of 149
Message from the Chief
2 Welcome to the City of Cotati and the Cotati Police Department. As your Chief of Police, I am honored and humbled by the opportunity to serve alongside the dedicated men and women of the Cotati Police Department and the community to whom we strive to deliver exceptional public safety service.
Our mission is to create a safe and vibrant environment for our residents, businesses, and visitors. Our promise to continuously earn and improve public trust through equity, empathy, and accountability is paramount to this ambition.
Cotati is a united city due to strong community support for our department. The partnerships we share with our community are made possible by the pledge we have made to proactively seek out opportunities to enhance meaningful relationships between our staff and residents, and diligently listen and respond to their needs in ways that value diversity and inclusion.
All of us at the Cotati Police Department are honored every day to provide superior service for our residents with pride and professionalism. We are humbled by the responsibilities entrusted upon us, and in turn, promise to carry out those duties with compassion, diligence, and the highest of ethical standards.
Chris Simmons, Chief of Police
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Table of Contents
4) Organizational Chart
5) Calls for Service
6) Arrest Statistics
7) NIBRS Person Crimes
8) NIBRS Property Crimes
9) NIBRS Other Crimes
10) Citations
11-12) Citizen Complaints
13-15) SAFE Team
16-24) RIPA
25) Emergency Preparedness
26) DEA Prescription Drug Takeback
27) Sherman Block Supervisory
Leadership Institute
28-29) Training
3 30) Automated License Plate Reader
Technology
31-33) Use of Force
34) Assembly Bill 481
35) Neighborhood Watch Community Beat
Meetings
36) Patrol
37) Animal Control
38) Dispatch
39) K9 Team
40) Cadets & Volunteers
41) Community Outreach & Social Media
42) Commendations
43) 2025 Snapshot
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ORGANIZATION
AL
CHART
4 108 of 149
CALLS
FOR
SERVICE
5 2022 2023 2024 2025
0 1000
2000
3000
4000
5000
6000
7000
8000
4910
5445
5737
6510
5501
5772
6873
6372
Calls for Service Officer Initiated
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ARREST
STATISTI
CS
* Penal Code section 849:
Arrested and released from
custody (not booked in
county jail) pending further
evidence or investigatory
leads (or for intoxication only
or low-level drug offenses).
This also includes subjects
arrested but no charges filed.
This is ultimately considered
a detention only.
6 2022 2023 2024 2025
0 50
100
150
200
250
300
350
175
215
318 320
183
128
172
117
27 39
67 72
Arrested/Booked Cited 849 Detention Release*
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NATIONAL
INCIDENT
BASED
REPORTING
SYSTEM
(NIBRS)
TOTAL
“PERSON”
CRIMES
7 Kidnapping Aggravated
Assault
Simple
Assault
Assault -
Intimidation
Statutory
Rape
Forcible
Sodomy
Forcible
Fondling
Forcible Rape Forcible
Sexual
Assault with
Object
0 5
10 15
20 25
30 35
40 45
3 9
39 6
0 2
0 0
2 1
10 34
10 1
0 3
1 0
2024 2025
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NATIONAL
INCIDENT BASED
REPORTING
SYSTEM
(NIBRS)
TOTAL
“PROPERTY”
CRIMES
8 Vandalism - Destruction of Property
Stolen Property Offenses
Fraud - Hacking/Computer Invasion
Fraud - Identity Theft
Fraud - Impersonation
Fraud - Credit Card / ATM
Fraud - False Pretenses
Counterfieiting / Forgery
Motor vehicle theft
General larceny / Theft
Theft of motor vehicle parts
Theft from motor vehicle
Theft from building
Shoplifting
Burglary / Breaking and Entering
Extortion / Blackmail
Arson
Robbery
0 5
10 15
20 25
30 19
5 0
2 3
0 11
4 12
17 5
8 1
21 16
2 1
4 20
8 1
5 4
2 15
4 6
20 3
18 5
26 10
3 3
0 2024 2025
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NATIONAL
INCIDENT
BASED
REPORTING
SYSTEM
(NIBRS)
TOTAL “OTHER”
CRIMES
9 All Other -
Criminal
Trespass of
Real Property
Family
Offenses
DUI Disorderly
Conduct
Drug /
Narcotic
Offenses
Drug
Equipment
Violations
Pornography
/ Obscene
Material
Weapon Law
Violation
Animal
Cruelty
0 50
100
150
200
250
161
4 4
224
29 40 44
2 6
3 187
4 0
203
32 44
36 0
8 0
2024 2025
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CITATION
S
10 577 total citations
issued in 2025
WRITTEN
WARNING
FIX-IT CITATION LICENSE
VIOLATION
MOVING
VIOLATION
MUNICODE
VIOLATION
NON-MOVING
VIOLATION
PARKING
VIOLATION
REGISTRATION
VIOLATION
0 50
100
150
200
250
93 91
24 189
37 17
90 68
47 137
15 191
10 10
92 75
2024 2025
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CITIZEN
COMPLAINT
S
In 2025, the Police Department received a total of 2 complaints out of a total of 12,882 events (0.01%). The total logged events do not include numerous other interactions the department had with the community, such as daily information or informal interactions, or citizen business at the Dispatch counter, for example. The police department receives complaints through a variety of sources, including the official complaint form, city website, emails, telephone, and in-person. For every complaint received, the Police Department investigates the allegations completely.
The following are the sources of the complaints for calendar years 2024 and 2025:
11 Source of Complaints 2024 2025
In Person 0 0
Physical / Paper Form 0 1
Web Form 2 0
Email 1 1
Telephone 2 0
5 2
Initial Allegation 2024 2025
Conduct Unbecoming 3 0
Procedural 2 2
Use of Force 0 0
Not related to Police 0 0
5 2
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CITIZEN
COMPLAINT
S
CATEGORIES OF ALLEGATION
Procedural: This category typically involves complaints of unfair parking enforcement, contesting traffic tickets or failure of the Officer to act.
Conduct Unbecoming: This category of allegation is a complaint of rude or discourteous behavior of the Officer.
Use of Force: This category of allegation is a complaint regarding Officer use of force.
Not related to Police: This category of allegation involves a complaint that is unrelated to the Cotati Police Department.
12 Outcome after
investigation 2024 2025
Unfounded 4 2
Sustained 1 0
TOTAL 5 2
INVESTIGATION FINDINGS
Sustained: The investigation disclosed sufficient evidence to prove the allegation.
Not Sustained: The investigation did not disclose sufficient evidence to prove the allegation.
Exonerated: The actions of the Officer which formed the basis for the allegation
are not violations of policy and/or law.
Unfounded: The investigation established that the allegation is not true. *Withdrawn/Closed: The allegation was rescinded by the complainant, resolved to the complainant’s satisfaction, or complainant was unresponsive in attempts 116 of 149
13 SPECIALIZED ASSISTANCE FOR EVERYONE (SAFE) TEAM
The South County SAFE Team provides three main services to the community:
1) Response to issues relating to mental health, addiction and homelessness 2) Non-emergency response for people in need
3) Proactive and continued community outreach
Cotati, Rohnert Park, and Sonoma State University have partnered to provide a mobile mental health crisis response team for our cities. The SAFE Team is available for response 24 hours a day, 7 days a week. Our SAFE team consists of a mental health professional/resource advocate and a medic (nurse, paramedic or EMT).
SAFE works proactively to address low level issues and provides preventative outreach to help ensure individuals don’t end up needing a higher level of care. SAFE can identify shelter options for the unhoused, mental health services for people in crisis, connect people with resources to address addiction, and provide health care that does not meet the threshold of an ambulance response.
When SAFE is not responding to calls-for-service, they conduct outreach to the unhoused, including evaluating their condition and providing shelter and counseling information.
SAFE is intended to benefit everyone by keeping police officers, firefighters, and paramedics available for other emergencies.
If you observe someone experiencing mental health or housing issues, you can contact SAFE at 707-792-4611 for non-emergencies or 911 for emergencies.
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14 SPECIALIZED ASSISTANCE FOR EVERYONE (SAFE) TEAM
During 2025, The SAFE Team responded to 219 calls for service in Cotati.
Counseling Requests; 55
Death Notifications; 0
Public Assists; 50
Suicidal Subject; 10
Welfare Checks; 35
First Aid/Medical
Assessment; 1
Police/EMS Assist; 41
Community
Engagement/Outreach; 27
SAFE Team Calls for Service - 2025
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15 SPECIALIZED ASSISTANCE FOR EVERYONE (SAFE) TEAM
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Dispatch
Self Initiated
89%
11%
SAFE Calls Initiated By
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16 RACIAL AND IDENTITY PROFILING ACT (RIPA)
The Racial and Identity Profiling Act (RIPA) was created by AB953 (Weber, 2016). In addition to data collection requirements for California law enforcement, RIPA also created a statewide RIPA board to direct and analyze the data collected each year. The RIPA Board is a diverse group of members who represent the public, law enforcement, and educators.
The goal of the RIPA Board is to strengthen law enforcement-community relations in California through collaboration, transparency, and accountability. The California Department of Justice (DOJ), Office of the Attorney General, has the primary oversight of the RIPA Board.
One of the responsibilities of the RIPA Board has been to develop a “stop data” collection process. On July 1, 2018, the eight largest police agencies in California began collecting stop data and reporting the information to the DOJ.
A “RIPA stop” is defined as any detention or search, with the goal to “collect perceived demographic and other detailed data regarding pedestrian and traffic stops.” The bill requires an agency that employs between one and 334 peace officers to issue its first annual report to DOJ by April 1, 2023. (All police agencies in Sonoma County, including the Cotati Police Department, are in this category).
For transparency, the Cotati Police Department decided to collect RIPA data before the scheduled mandate.
Our Police Department is a member of a Public Safety consortium. Members of the consortium include the Sonoma County Sheriff’s Department and the cities of Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma, and Windsor (Sonoma and Windsor contract police services with the Sheriff’s Department).
Collectively, the consortium agencies started collecting RIPA data using patrol cars’ mobile computers and smart phones on July 1, 2021. The data is collected by the consortium and transmitted to the DOJ daily for review and quality control.
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17 RACIAL AND IDENTITY PROFILING ACT (RIPA)
The chart below reflects the total number of RIPA stops conducted during that year.
The following data was collecting during those RIPA stops:
2024 2025
0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
3269
3465
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18 RACIAL AND IDENTITY PROFILING ACT (RIPA)
PERCEIVED RACE/ETHNICITY
Asian
Black / African American
Black / African American or White
Hispanic / Latine(x)
Hispanic / Latine(x) or White
Middle Eastern or South Asian
Native American
Pacific Islander
White
Mixed
Asian
Black / African American
Black / African American or White
Black /African American or Hispanic
/Latine(x)
Hispanic / Latine(x)
Hispanic / Latine(x) or Middle Eastern or
South Asian
Hispanic / Latine(x) or Native American
Hispanic / Latine(x) or White
Middle Eastern or South Asian
Pacific Islander
White
2024 2025
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
3.55% 5.93%
0.12%
34.46%
0.09%
2.78%
0.12% 1.28%
51.56%
0.09%
3.03%
6.46%
0.03% 0.03%
37.31%
0.03% 0.03% 0.03%
2.39% 0.66%
50.00%
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19 RACIAL AND IDENTITY PROFILING ACT (RIPA)
PERCEIVED GENDER
Cisgender man /
boy
Cisgender
woman / girl
Transgender
man / boy
Transgender
woman / girl
Cisgender man /
boy
Cisgender
woman / girl
Transgender
man / boy
Transgender
woman / girl
2024 2025
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
70.76%
29.05%
0.12% 0.06%
73.23%
26.57%
0.14% 0.06%
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20 RACIAL AND IDENTITY PROFILING ACT (RIPA)
PERCEIVED AGE GROUP
18-24
18%
25-34
30%
35-44
22%
45-54
15%
55-64
9% 65+
5%
Under 18
1%
2024
18-24
14%
25-34
28%
35-44
26%
45-54
16%
55-64
9% 65+
6%
Under 18
1%
2025
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21 RACIAL AND IDENTITY PROFILING ACT (RIPA)
REASON FOR STOP
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Traffic violation
Reasonable suspicion that this person was engaged in criminal activity Known to be on parole / probation / PRCS / mandatory supervision Consensual encounter and search
Knowledge of outstanding arrest warrant / wanted person Probable cause to arrest or search
Probable cause to take into custody under Welfare and Institutions Code section 5150 Investigation to determine if person was truant
Traffic violation
Reasonable suspicion that this person was engaged in criminal activity Consensual encounter and search
Knowledge of outstanding arrest warrant / wanted person Known to be on parole / probation / PRCS / mandatory supervision Probable cause to take into custody under Welfare and Institutions Code section 5150 Probable cause to arrest or search
2025 2024
92.3%
3.6%
1.3%
1.1%
0.7%
0.7%
0.3%
0.0%
89.1%
6.3%
1.6%
1.2%
1.1%
0.4%
0.3%
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22 RACIAL AND IDENTITY PROFILING ACT (RIPA)
BASIS FOR SEARCH
Condition of parole /
probation / PRCS /
mandatory
supervision
88 2%
Consent given
Evidence of crime
3 Exigent 0%
circumstances /
emergency
1 Incident to arrest 0%
385
11%
Suspected weapons
2 0%
Visible contraband
14 0%
No Search
Performed
3059
86%
Officer/Others safety
5 0%
2024 2025
Condition of parole /
probation / PRCS /
mandatory supervision
130
4%
Consent given
10 0% Evidence of crime
2 Exigent circumstances / 0%
emergency
1 0%
Incident to arrest
509
13%
Suspected weapons
2 Vehicle inventory (for 0%
search of property only)
4 0%
Visible contraband
5 0%
No Search
Performed
3233 Officer/Others safety
1 0%
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23 RACIAL AND IDENTITY PROFILING ACT (RIPA)
DURATION OF STOPS (minutes)
Under 1-3 4–8 9–14 15–20 21–30 31–40 41–50 51+ Under 1-3 4–8 9–14 15–20 21–30 31–40 41–50 51+ 2024 2025
0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
572
1462
482
319
103
32 21
279
501
1683
557
282
81 30
52 280
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24 RACIAL AND IDENTITY PROFILING ACT (RIPA)
RESULT OF STOPS
2024 2025
0% 10% 20% 30% 40% 50% 60% 70%
Verbal Warning
Citation for Infraction
Custodial arrest without warrant
No action
In-field cite and release
Written Warning
Custodial arrest pursuant to outstanding warrant
Psychiatric hold (W&I Code 5150 or 5585.20)
Noncriminal or caretaking transport (including
transport by officer, ambulance or other agency)
65.63%
11.13%
7.71%
6.06%
4.65%
2.91%
1.53%
0.34%
0.06%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Verbal Warning
Citation for Infraction
Custodial arrest without warrant
No action
In-field cite and release
Written Warning
Custodial arrest pursuant to outstanding warrant
Psychiatric hold (W&I Code 5150 or 5585.20)
Noncriminal or caretaking transport (including transport by officer, ambulance or other agency)
71.21%
10.30%
8.28%
3.84%
3.26%
1.70%
1.04%
0.29%
0.09%
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25 EMERGENCY PREPAREDNESS
All Sonoma County Law Enforcement Agencies EVACUATION ZONES use “Hi-lo” sirens for emergency evacuations. HiLo sirens have a distinct European emergency vehicle sound. When you Hear the Hi-Lo, it’s Time
to Go. We will only use Hi-Lo sirens for emergency
evacuations.
To see which evacuation zone you live in, go to the
City website (www.cotaticity.org) and click on the
Police page.
The City of Cotati uses Civic Ready for routine and
emergency public safety alerts. If you have not
already done so, you may sign up at:
https://www.cotaticity.org/1526/Get-AlertsNotifications 129 of 149
26 PRESCRIPTION DRUG TAKEBACK
The Cotati Police Department hosted a Drug Enforcement
Administration (DEA) prescription drug takeback event this year on Saturday, April 26, 2025.
The Cotai Police Department also has a bin in our public access lobby where you can dispose of prescription pills throughout the year.
Proper disposal of prescription drugs makes your home a safer place and it also benefits our environment. Keeping old medication in the house or throwing medications away in the garbage may be dangerous and lead to tragic accidents as they can end up in the mouths of children or household pets.
Many people also flush expired or unused medications down the toilet or drain, resulting in these drugs ending up in our lakes, streams, and water supplies.
Please remove pills from their containers and bag them up so there is plenty of room for all to dispose of their unwanted and expired medications.
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27 SHERMAN BLOCK SUPERVISORY LEADERSHIP INSTITUTE
(SBSLI)
Cotati Police Sergeant Tyler Wardle graduated SBSLI on April 24, 2025. (SBSLI) is a program designed to stimulate personal growth, leadership, and ethical decision-making in California law enforcement front-line supervisors. Designed and implemented in 1988 through the efforts of California law enforcement professionals and top educators and trainers, the SBSLI is an intense program based on experiential learning techniques. Students are challenged to learn new ways to resolve issues through group and individual work.
The curriculum takes students through an analysis of management (planning, organizing, directing) and leadership (inspiring, challenging, developing) and how each discipline compliments the other. The course progresses from self-evaluation to interpersonal evaluation, to organizational relationships.
During the program, a typical successful student develops the ability to:
•Correlate the relationship between personal and organizational principles and values.
•Exercise greater leadership in personal and professional activities. •Increase personal influence with individuals and groups to accomplish organizational goals.
•Analyze issues from multiple perspectives.
•Develop increased self-confidence and confidence in the ability of others. •Provide support and development for peers and subordinates. •Recognize and address areas for personal improvement.
•Effectively integrate management skills and leadership qualities. 131 of 149
28 TRAINING – POST TRAINING
The Cotati Police Department is certified by the California Commission on Peace Officers Standards and Training (POST).
Much of POST training is mandated, to include perishable skills.
POST also conducts audits on all certified law enforcement agencies to ensure compliance with training and hiring standards. Our police department continues to remain in POST compliance.
Officers and Dispatchers are required to complete 24 hours of Continuing Professional Training (CPT) during the determined training cycle as prescribed by POST. Additionally, full time Officers are required to complete 16 hours (as a part of or in addition to the 24 hours of CPT) of perishable skills training which include:
Ø Arrest and Control
Ø Firearms
Ø Emergency Vehicle Operation Course (EVOC)
Ø Use of Force
Ø Strategic Communication.
Many of the required perishable skills training courses encompass de-escalation training.
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29 TRAINING - ADDITIONAL
In addition to required POST Continuing Professional Trainings, the Cotati Police Department routinely trains well beyond POST mandates with our police officers, police dispatchers, and civilian staff.
During 2025, the following additional trainings were attended and completed by staff:
Emotional Intelligence in Public Safety, Science-Based Interviewing introduction, Surveillance Techniques, Informant Development & Maintenance, Radar Operator, Radar-Laser Operator (Lidar) DUI Detection-Field Sobriety, Domestic Violence Update, Driver Draining EVOC, Emergency Vehicle Operations/Pursuit Driving EVOC, Drug Recognition Expert (Field Certifications), First Aid, Use of Force, Vehicle Pursuits, Strategic Communications, Field Training Supervisor/Administrator/Coordinator Course, Management School, Legal Updates, RAP Sheet Training, Scenario Evaluator Training, Active Shooter, Child Abuse/Sexual Assault, Courtroom Testimony, Sovereign Citizen, Elder/Dependent Abuse, Ethical Decision Making, Officer Wellness, Response to Natural Disasters, Response to Sexual Assault, Response to Critical Incidents, Arrest & Control Instructor, Arrest & Control, Executive Seminar, Sherman Block Leadership Institute, Region wide Emergency Operations Center Operations, Dispatch Radio Technology, Risk updates & risk assessment training conference, Legal Update: Positional Asphyxia, Legal Update: Use of Force, Police Vehicle Pursuits & Liability, Arrest & Control, Firearms/Tactical Rifle, Recruit Training Officer Orientation, SRJC Basic Police Academy.
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30 AUTOMATED LICENSE PLATE READER (ALPR) TECHNOLOGY
Since 2021 the Cotati Police Department deployed ALPR investigative technology. The police department received funding for the ALPRs through the State Homeland Security Grant totaling approximately $60,000. The purpose of the ALPRs is to identify lost or stolen vehicles/license plates or to help locate a vehicle involved in various crimes.
When Cotati has utilized ALPR, it has directly led to the identification and recovery of numerous stolen vehicles and vehicles associated with criminal activity within our city. Our officers also use the ALPR system for investigations and for public safety by adding wanted and dangerous vehicles into the system.
Though the department had patrol vehicles outfitted with in-car ALPR technology in 2023, ALPRs were not used due to compatibility issues with the Vigilant system and the in-car computer software from June 2023 – June 2024. Additionally, the in-car ALPRs were installed in vehicles that had to be recently decommissioned and are now being re-installed in newer patrol fleet vehicles.
----------
In October/November 2025, (2) Flock ALPR fixed cameras were approved, installed, and enabled.
During those last couple of months in 2025, Flock ALPRs were already used 5 times to positively identify vehicles in the commission of crimes in our city, identify and arrest suspects, recover stolen property, and locate stolen license plates.
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31 USE OF FORCE
In 2025, the Cotati Police Department experienced zero (0) URSUS (California Department of Justice Use of Force Incident Reporting database) reportable uses of force.
URSUS CRITERIA
1. An incident that involves the shooting of a civilian by a peace officer.
2. An incident that involves the shooting of a peace officer by a civilian.
3. An incident in which the use of force by a peace officer against a civilian result in serious bodily injury or death.
4. An incident in which the use of force by a civilian against a peace officer results in serious bodily injury or death.
_________________________________________________________________________________________ __________
In Cotati, we have adopted a far more expansive and detailed definition of use of force (UOF).
CITY OF COTATI CRITERIA
1. Any display of force (unholstering specific police tools, including electronic devices [Taser], pepper spray, or firearm).
2. Any use of force by a peace officer beyond simple handcuffing In 2025 all UOF incidents were tracked using police record management software system. When a UOF occurs, officers record their incident using a checklist, which lists which officers were present (including mutual aid officers), what tool was used, whether officers or suspects received injuries, and why force was used. When supervisors review the arrest/incident report, it is flagged for UOF. Sergeants read the report narrative, review the UOF module, and view the officer’s Body Worn Camera. Management also reviews each UOF for any policy violations or an opportunity to consider alternate equipment, techniquesdeescalationor training in the future to reduce or avoid the use of force 135 of 149
32 USE OF FORCE
2025 CITY OF COTATI CRITERIA
Total Events for 2025: 12,882
Events that resulted in arrests: 509
Total events that resulted in arrest: 3.9%
Use of Force instances/events: 37 events
Total events that resulted in Use of Force: 0.29%
Use of Force Breakdown:
Although there were 37 UOF instances/events in 2025, several UOF events include the use of multiple tools/techniques, resulting in more tools/techniques used (total 48) than UOF events (37).
35 OF THE 37 USE OF FORCE INSTANCES/EVENTS RESULTED IN
ARREST/CUSTODY.
Tool/Technique Used Times Used
Baton/Impact Weapon 0
Bean Bag Shotgun Displayed 0
BOLA Wrap 0
Control Hold/Defensive Technique 26
Firearm Displayed 12
Firearm Discharged 0
Pepper Spray Displayed 1
Pepper Spray Discharged 0
Taser Displayed 3
Taser Discharged 4
WRAP 2
TOTAL 48
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33 USE OF FORCE DEFINED
Baton/Impact Weapon: An impact tool to overcome resistance on an aggressive, combative, and/or uncooperative subject.
Bean Bag Shotgun: A less-than-lethal tool that projects bean bags from a shotgun platform.
BOLA Wrap: A tool that projects a weighted rope that wraps around and attempts to restrain an uncooperative subject.
Control Hold: Controlling someone who is uncooperative, resisting, aggressive, and/or combative.
Defensive Techniques: Defending oneself against someone who is actively resisting and/or attacking an officer.
Firearm Discharged: Firearm discharged by an officer during an event.
Firearm Displayed: Firearm removed from an officer’s holster during an event.
Pepper Spray Displayed: Display of an aerosol pepper spray (capsicum) at a subject to gain compliance.
Pepper Spray Discharged: Use of an aerosol pepper spray (capsicum) on an uncooperative, resisting, aggressive, and/or combative subject.
Taser Discharged: Darts launched or taser contact (drive-stun) on an uncooperative, resisting, aggressive, and/or combative subject.
Taser Displayed: Taser Removed from holster and displayed at a subject to gain compliance.
WRAP: A safe restraint system designed to protect officers and uncooperative, resisting, and/or combative subjects. 137 of 149
34 ASSEMBLY BILL 481
This bill requires a law enforcement agency to
obtain approval of the applicable governing
body, by adoption of a military equipment use
policy by ordinance at a regular meeting prior
to the funding, acquisition, or use of military
equipment, as defined.
In 2022 the Cotati City Council approved an
ordinance to direct our police department on
the use, deployment, and policy for Military
Equipment. The Council approved the use and
possession of our Command Van and Bean
Bag Shotguns.
In 2025 the Command Van was not
deployed. The Command Van was
decommissioned in 2025.
In 2025 Cotati Police had zero
deployments of the Bean Bag Shotgun.
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35 NEIGHBORHOOD WATCH COMMUNITY BEAT MEETINGS
Cotati Police Officers hosted two in-person
Neighborhood Watch Community Beat
meetings at the Police Station in 2025.
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Cotati is comprised of six areas (beats), which are
coincident with evacuation zones. Maps of both
beats and evacuation zones are available for view
on the Police page of our City Website.
An individual officer is assigned to each of the six
areas and their phone numbers and emails are
available to citizens and business owners to ask
questions and make requests. Officers rotate
annually to allow them to better learn the areas
and for residents and businesses to better know
our Officers.
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36 PATROL
Our sworn police staff are here 24/7 hours a day to keep our community safe. The list of things that officers do on a daily basis is long, including the following summary of the main efforts our officers do to enhance the quality of life in Cotati.
• Protect life and property through the enforcement of laws & regulations; Proactively patrol assigned areas • Conduct traffic and parking enforcement
• Respond to calls for police service
• Conduct preliminary & follow-up criminal and traffic investigations • Conduct interviews
• Prepare written reports and field notes of investigations and patrol activities • Arrest and process those involved in criminal activity • Testify in court
• Emergency duties required during adverse weather conditions • Operate a law enforcement vehicle under emergency conditions day or night • Analyze legal documents including citations, affidavits, and warrants • Command emergency personnel at accident emergencies and disasters • Community Oriented Policing and community engagement
• Self-initiate traffic and/or criminal investigations
• Supplement animal control
• Perform bar and business checks 140 of 149
37 ANIMAL CONTROL
All of our sworn personnel are designated as animal control officers. Our police officers respond to calls for service regarding both domestic and wild animals. The Administrative Services Department is responsible for dog licensing for our City, using DocuPet in a collaboration with Rohnert Park. Please license your dogs so that we can better serve you and your pet if they get loose or have other issues.
Cotati contracts with Rohnert Park Animal Services for sheltering our animals.
As part of the No More Lost Pets campaign, Rohnert Park Animal Services offers FREE ID tags and microchips for all Rohnert Park and Cotati city residents! 141 of 149
38 DISPATCH
The Cotati Police Department employs five (5) full-time and two (2) part time Police Dispatcher/Clerks.
Our police dispatch is a Public Safety Answering Point
(PSAP) receiving all 911 calls for law enforcement, fire, mental health, and medical emergencies for both the
City of Cotati and the Sonoma State University (SSU)
campus (we have a dispatch contract with SSU Police
Department). In addition to 911 calls-for-service, our
dispatchers answer regular police business calls for our City, SSU, and also dispatch the SAFE team for the City and SSU. Our dispatchers are also clerks who process
police records and other administrative duties. Our lobby is open to the public 24 hours per day, 7 days per week. 142 of 149
39 K9 TEAM
In October of 2023, we acquired K9 Dolly from Scent Evidence K9 in Tallahassee, Florida. She is a purebred bloodhound whose sole purpose is to find missing/lost persons and fleeing suspects. Dolly is the only dog of her breed and purpose in Sonoma County.
In 2025, Dolly was requested 44 times from agencies
throughout Sonoma and Marin Counties. She was fully
deployed 10 times and had 3 successful finds. Dolly also attended 7 community events.
Dolly assisted neighboring agencies by locating assault suspects, a missing dementia patient, and found the source of a pool of blood located. When Dolly alerts to finding someone, she howls in excitement for her squeaky toy.
During her time off, Dolly lives at home with her K9 handler Officer Sullivan and his family.
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40 CADETS AND VOLUNTEERS
The police department has both Cadets and Volunteers, providing them with an opportunity to assist our department and learn about career opportunities in law enforcement. Our cadets are typically high school students who help with mutual aid for parades and other events in Sonoma County, including the Butter and Eggs Festival, the Apple Blossom Festival, and our own Kids Day Parade and Festival.
Cadets also go on ride-alongs with officers, attend in-house trainings, and take criminal justice field trips.
Our volunteers help with daily duties at the police department, such as maintaining the inventory of police equipment and supplies. Often our cadets and volunteers become police officers, deputy sheriffs, and public safety dispatchers.
In addition, we assist Sonoma State University Police Department by taking their Student Interns on ride-alongs to allow them the opportunity to see how our agency operates. 144 of 149
41 COMMUNITY OUTREACH & SOCIAL MEDIA
In 2025, we hosted and participated in over 30
community events, including:
• National Night Out at La Plaza Park
• Coffee with a Cop at Johnny’s Java Cotati
• Cotati Kids Day Parade
• Cotati Candy Land at La Plaza Park
• Cotati Holiday Tree Lighting
• Cotati Shop and Stroll
• Rohnert Park/Cotati Rotary Toy Drive
• Apple Blossom Parade & Festival in Sebastopol
• Future Farmers Twilight Parade in Healdsburg
• Police Station Tours for local schools
• Petaluma Veterans Day Parade
• Petaluma Butter and Eggs Festival
• Cotati-Rohnert Park Co-Op Nursery K9 Dolly demo
• Thomas Page School safety presentation
• Sai’s Sprouts demo
• Thomas Page School international shake out day
drill
• Rohnert Park-Cotati Rotary Thanksgiving meal
event
We invite you to follow us on our social media platforms.
Our police department maintains a public information
presence to better engage with our residents and to be
accessible to our community where they are. In addition to the police page of the city website, and regular pieces in the Cotati Connection newsletter, we use Facebook
(now with over 7,200 followers), Instagram (now with
over 3,500 followers) and Civic Ready for time sensitive and emergency information.
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42 COMMENDATIO
NS
2025 Cotati Police Officer of the Year
K9 Officer Ryan Sullivan
Chief’s Award
Corporal Detective Anthony Garber
Officer Wei Ze (David) Yu
Dispatcher Lauren Wiegman
71 total commendations and citizen commendations were
awarded to Cotati Police employees in 2025
2025 Cotati Police Employee of the Year
Police Services Specialist Katie
Huldermann
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43 2026 SNAPSHOT
• Maintaining South County SAFE team; seeking long-term funding for field-level mental health response
• Community-Police Advisory Committee utilization
• Supervision organization and efficiency
• Enhanced traffic and DUI enforcement
• Utilizing technology for public safety needs against thefts and other crimes
• Cannabis Tax Grant, State Homeland Security Grant Program, and other funding stream acquisition and management.
• Staffing, Recruiting, Training, and Retention: Officer and Dispatcher • Continued community outreach and direct participation in a multitude of community events
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44 THANK YOU FOR YOUR SUPPORT!
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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: February 24, 2026
Written by: Kevin Patterson, 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 2025-03: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.
1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.
2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.
City Council Policy 2025-03 is available at the online meeting portal at www.cotaticity.gov or by request from the City Clerk at 707-665-3622 or [email protected]. 149 of 149