7.05 and 7.06. In the event of termination of a Member, this Agreement shall continue in full force and effect among the remaining members as set forth in Section 11.07 below, and such action by the Board shall not be subject to the requirements of Section 12.02. Before terminating a Member for breach pursuant to this section, the Board must satisfy the meet and confer requirements under Section 12.04. As part of the meet and confer process, the Board and the Member proposed to be terminated may conduct mediation in accordance with Section 12.04.
Any Member’s failure to be represented by a Director or Alternate Director of the Member for three consecutive meetings (regular or special) of the Board may be considered a breach of this Agreement for which the Board may vote to suspend a Member’s voting privileges for one or more meetings of the Board. Such suspension of voting privileges shall be approved by a supermajority vote, as defined in Section 7.06 above but excepting the Director of the Member proposed to have its voting privileges suspended. In the event a Member’s voting privileges are suspended, that 337722 of 669933
18 Member shall not be counted as a member of the Board for purposes of determining a majority or supermajority vote in accordance with Sections 7.05 and 7.06.
Suspension of a Member’s voting privileges under this section shall not excuse that Member from its obligations under this Agreement, including but not limited to, continuing Funding Commitments to the Agency and attendance at meetings.
Section 11.07 – Continuing Obligations upon Withdrawal or Termination.
Except as provided for in Section 11.05, any withdrawal or termination of a Member, shall not relieve the withdrawing or terminating Member of its financial obligations arising under this Agreement prior to the effective date of the withdrawal or termination, including but not limited to financial obligations or guarantees for loans provided by individual Members, if applicable.
The withdrawal or termination 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 among 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, and shall continue to function as the GSA for the Basin.
Section 11.08 – Dissolution.
The Agency may be dissolved at any time upon the unanimous vote of the Board. However, the Agency shall not be dissolved until all debts and liabilities of the Agency have been eliminated, or allocated, assigned and assumed by individual Members, or another entity or individual. Upon Dissolution of the Agency, each Member shall receive its proportionate share (in proportion 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 terminated shall be entitled to a distribution upon dissolution.
Section 11.09 – Disposition of Property Upon Termination of Agency or Board Determination of Surplus.
Upon termination of this Agreement or upon determination by the Board that any surplus 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 XII: Miscellaneous Provisions
Section 12.01 – Agreement Complete.
The foregoing constitutes the full and complete Agreement of the Members. This 337733 of 669933
19 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 12.02 – Amendment.
12.02.01 Minor Amendments. Minor, administrative amendments to this Agreement may be made by supermajority vote pursuant to Section 7.06.
12.02.02. Other Amendments. Amendments to this Agreement related to the following provisions may be amended from time to time by the unanimous consent of the Members, acting through their governing bodies. Such amendments shall be in the form of a writing signed by each Member.
Any change in Powers
Any change in Board composition, except as already provided for in this Agreement
Any change in Voting requirements
Any changes to Liabilities and Indemnification provisions Any changes to Termination and Withdrawal provisions
Elimination of the Advisory Committee
Section 12.03 – 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 contracts, 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 12.04 – 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 21days 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 337744 of 669933
20 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 10business days prior to the 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 of representatives of Members not party 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 12.05 – Execution In Parts Or Counterparts.
This Agreement may be executed in parts or counterparts, each part or counterpart 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 12.06 – Member Authorization.
The governing bodies of the Members have each authorized execution of this Agreement, as evidenced by their respective signatures below.
Section 12.07 – No Predetermination or Irretrievable Commitment of Resources.
Nothing herein shall constitute a determination by the Agency or any Member that any action shall be undertaken or that any unconditional or irretrievable commitment of resources 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 permit requirements, as applicable, have been completed.
Section 12.08 – 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 in writing.
Section 12.09 – Severability And Validity Of Agreement.
Should the participation of any Member to this Agreement, or any part, term or provision of this Agreement be decided by the courts or the legislature to be illegal, in excess of that Member’s authority, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms or provisions of this Agreement shall not be affected thereby and each Member hereby agrees it would have entered 337755 of 669933
21 into this Agreement upon the same remaining terms as provided herein.
Section 12.10 – Singular Includes Plural.
Whenever used in this Agreement, the singular form of any term includes the plural form and the plural form includes the singular form.
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 abovewritten.
SIGNATURE LINES
CITY OF SANTA ROSA
By: ______________________
Name: ___________________
Title:_____________________
Date: _____________________
SONOMA COUNTY WATER AGENCY
By: ______________________
Name: ____________________
Title:_____________________
Date: _____________________
COUNTY OF SONOMA
By: ______________________
Name: ____________________
Title:_____________________
Date: _____________________
CITY OF ROHNERT PARK
By: ______________________
Name: ____________________
Title:_____________________
Date: _____________________
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22 TOWN OF WINDSOR
By: ______________________
Name: ____________________
Title:_____________________
Date: _____________________
SONOMA RESOURCE
CONSERVATION DISTRICT
By: ______________________
Name: ____________________
Title:_____________________
Date: _____________________
CITY OF COTATI
By: ______________________
Name: ____________________
Title:_____________________
Date: _____________________
GOLD RIDGE RESOURCE
CONSERVATION DISTRICT
By: ______________________
Name: ____________________
Title:_____________________
Date: _____________________
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into this Agreement upon the same remaining terms as provided herein.
Section 12,10 -Singular Includes Plural,
Whenever used in this Agreement, the singular form of any term includes the plural form and the plural form includes the singular form.
IN WITNESS WHEREOF, the Members hereto, pursuant to resolutions duly and regularly adopted by their respective Board of Directors or governing board, have caused theirnames 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:
Name:
Title:
Date:
COUNTY OF SONOMA
By:
Name:
Title:
Date:
SONOMA COUNTY WATER AGENCY
By:
Name:
Title:
Date:
CITY OF ROHNERT PARK
B
Namf:
Title:
Date: lAftu 1A, 2^n
21 into this Agreement upon the same remaining terms as provided herein.
Section 12.10 - Singular Includes Plural,
Whenever used in this Agreement, the singular form of any term includes the plural form and the plural form includes the singular form.
IN WITNESS WHEREOF, the Members hereto, pursuant to resolutions duly and regularly adopted by their respective Board of Directors or governing board, have caused theirnames 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:
Name: CugtS
Title:
Date: K?
COUNTY OF SONOMA
By:
Name:
Title:
Date:
SONOMA COUNTY WATER AGENCY
By:
Name:
Title:
Date:
CITY OF ROHNERT PARK
By:
Name:
Title:
Date:
21 into this Agreement upon the same remaining terms as provided herein.
Section 13,10 - gingttiar Include? Piyrai.
Whenever used in this Agreement, the singular form of any term includes the plural form and the plural form includes the singular form.
IN WITNESS WHEREOF, the Members hereto, pursuant to resolutions duly and regularly adopted by their respective Board of Directors or governing board, have caused theirnames 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:
Name:
Title:
Date:
COUNTY p^SONOMA
By^??^
Name:
Title:
Date: 10f 2^0)1^
Date:^ 20^
CITY OF ROHNERT PARK
By:
Name:
Title:
Date:
21 TOWN OF WINDSOR
By:
Name: Dctoo/fr
Title:
Date:J^&Lpl^en
CITY OF COTATI
By:
Name:
Title:
Date:
SONOMA RESOURCE
CONSERVATION DISTRICT
By:
Name:
Title:
Date:
GOLD RIDGE RESOURCE
CONSERVATION DISTRICT
By:
Name:
Title:
Date:
22 TOWN OF WINDSOR CITY OF COTATI
By:
Name:
Title:
Date:
SONOMA RESOURCE
CONSERVATION DISTRICT
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
GOLD RIDGE RESOURCE
CONSERVATION DISTRICT By:^^
Name:
Title:
Date: ?
22 TOWN OF WINDSOR CITY OF COTATI
By:
Name:
Title:
Date:
SONOMA RESOURCE
CONSERVATION DISTRICT
Date: •£^/'7—
By:
Name:
Title:
Date:
GOLD RIDGE RESOURCE
CONSERVATION DISTRICT
By:
Name:
Title:
Date:
22 TOWN OF WINDSOR CITY OF COTATI
By: By:
Name: Name: A , HbaaxA
Title: Title: 0C
Date: Date:
SONOMA RESOURCE
CONSERVATION DISTRICT
GOLD RIDGE RESOURCE
CONSERVATION DISTRICT
By: By:
Name: Name:
Title: Title:
Date: Date:
22 Agenda Item: 7C, Attachment 2
Meeting Date: August 8, 2019
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 SEBASATOPOL
Title-, oP ^eba^^Po^
8/6/120)9 Date
23 EXHIBIT A
MEMBERS
City of Cotati
City of Rohnert Park
City of Santa Rosa
City of Sebastopol
Town of Windsor
Sonoma Resource Conservation District
Gold Ridge Resource Conservation District
Sonoma County Water Agency
County of Sonoma
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24 EXHIBIT B
Advisory Committee to the Agency Board
The purpose of the advisory committee is to provide input and recommendations to the Agency Board on groundwater sustainability plan development and implementation and GSA policies.
The intent of the committee is to provide community perspective and participation in the GSA.
The Advisory Committee will review and/or provide recommendations to the Agency Board on groundwater-related issues that may include:
Development, adoption or amendment of the GSP
Sustainability goals and objectives
Best management practices
Monitoring programs
Annual work plans and reports (including mandatory 5-year milestone reports) Modeling scenarios
Inter-basin coordination activities
Projects and management actions to achieve sustainability Community outreach
Local regulations to implement SGMA
Fee proposals
General advisory
The Advisory Committee will not be involved in the Agency budget or day-to-day operations, such as personnel staffing or contracting.
Membership
Composition of the Advisory Committee is intended to represent the beneficial uses and users of groundwater identified in the Sustainable Groundwater Management Act. Committee members may not serve concurrently on the Agency Board. Members must live or work within the Santa Rosa Plain Groundwater Basin or represent an organization with a presence in Santa Rosa Plain Groundwater Basin, identified by the Department of Water Resources current Bulletin 118.
Committee membership is based on the interest group and member agency designations described below. Notwithstanding the foregoing, the Board may choose to appoint one of the interest-based members of the Advisory Committee from outside the Bulletin 118 Basin, provided such member resides, works or represents an organization with a presence in the watershed which contributes to the Basin.
Each Member of the Agency, as well as the MWC/PUCRs, will appoint a representative from staff or the community to the Advisory Committee, for a total of nine members:
1. City of Santa Rosa
2. Town of Windsor
3. City of Rohnert Park
4. City of Cotati
5. Sonoma County
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25 6. Sonoma County Water Agency
7. Sonoma Resource Conservation District
8. Gold Ridge Resource Conservation District
9. Mutual Water Companies/ PUC-Regulated
The following GSA eligible entities have elected not to participate on the Agency Board but shall hold a seat on the Advisory Committee. These entities, not the Agency Board, will appoint their representatives:
10. Graton Rancheria
11. City of Sebastopol
The Agency Board will appoint 7 interest-based members:
12. Environmental representative
13. Environmental representative
14. Rural residential well owner
15. Rural residential well owner
16. Business community representative
17. Agricultural interest (surface water or GW user)
18. Agricultural interest (surface water or GW user)
Member Appointment
The Agency Board will appoint members to fill the interest-based seats. Interested individuals from the community or local organizations may apply to the Agency Board, designating in the application the seat that the applicant would intend to fill.
The Agency Board encourages entities and individuals within each interest group to work together to recommend a single candidate to fill that interest’s seat. The Agency Board will give strong consideration to appointing candidates that have the backing of multiple organizations or individuals within that interest group.
The Agency Board encourages candidates with experience and familiarity with groundwater and its management. The Agency Board will also give preference to applicants with experience working with diverse community-based groups.
For one of the rural residential well representatives, the Agency Board will give preference to appointees that can represent the interests of disadvantaged populations or interests that are otherwise under-represented on the Advisory Committee.
For agricultural representatives, preference will be given for diversity between surface and groundwater reliance for agricultural operations.
Application Timeline
The Agency Board will establish a timeline and process for appointment of the initial advisory committee following Agency formation. In subsequent years, applicants will submit an application and statement of interest for vacant seats to the Agency Board by October 1 of the year prior to the beginning of the term for that seat. The GSA will post applications on its web site. At-large appointments from Members will be due to the Agency Board by November lst.
The GSA governing board will appoint interest-based committee members at its final meeting of 338888 of 669933
26 each calendar year as necessary. Terms will commence in January of the subsequent year.
Advisory Committee Member Terms
The initial Advisory Committee appointments will include seats with three-year terms (interestbased categories) and two-year terms (eligible entity appointees). Following initial committee appointment, all member terms will be two years. Advisory Committee Members are not termlimited; however, interest-based members must apply for each term. If a vacancy occurs for an interest-based seat before the end of the term, the Agency Board will appoint a new member to complete the term. Vacancies for any of the eligible entity appointees shall be filled by their respective agency.
The Agency Board can remove an interest-based committee member if the member is not performing responsibilities. The Agency Board will appoint alternates if the Board deems alternate committee members necessary. If appointing alternates, the Agency Board will request that the Member agency also provide alternates for eligible entity appointments.
Decision Making and Governing Board Consideration
To inform Agency Board decision-making, the Advisory Committee will provide written recommendations in reports. The recommendations reports will identify areas of agreement and disagreement. The committee will strive for consensus when possible, but reaching consensus is not necessary. Consensus means that everyone can at least “live with it.” When unable to reach consensus on recommendations, the committee will outline the areas in which it does not agree, providing some explanation to inform Agency Board decision-making.
The committee may request that one or more committee members present its recommendations to the Agency Board, including areas of agreement and disagreement, consistent with committee deliberations.
Pursuant to Agency Board direction, Agency staff will develop the annual work plan and schedule for committee meetings. The Advisory Committee will adopt a charter and will appoint a chair and vice-chair.
The Agency Board will consider advisory committee recommendations when making decisions.
If the Agency Board does not agree with the recommendations of the Advisory Committee, the Agency Board shall state the reasons for its decision.
Public Process
All Advisory Committee meetings are subject to the Brown Act and will be open to the public.
The GSA will announce committee meetings on its web site and through its regular communication channels.
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4914-6472-3838.2 014382.003
.
AMENDED AND
RESTATED
JOINT EXERCISE OF
POWERS AGREEMENT
creating of the
SANTA ROSA PLAIN
GROUNDWATER
SUSTAINABILITY AGENCY
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i
4914-6472-3838.2 014382.003
Table of Contents
RECITALS...........................................................................................................................................1 AGREEMENT TERMS .......................................................................................................................2 Article I: Definitions...........................................................................................................................2 Section 1.01 – Definitions. ...................................................................................................................2 Article II: Agency Creation ................................................................................................................4 Section 2.01 – Creation of the Agency.................................................................................................4 Section 2.02 – Purpose of the Agency..................................................................................................4 Article III: Term .................................................................................................................................4 Section 3.01 – Term .............................................................................................................................4 Article IV: Powers..............................................................................................................................4 Section 4.01 – Powers. .........................................................................................................................4 Section 4.02 – Exercise of Powers. ......................................................................................................6 Section 4.03 – Water Rights and Consideration of all Beneficial Uses and Users of Groundwater in the Basin...............................................................................................................................................6 Section 4.04 – Preservation of Powers. ................................................................................................7 Article V: Membership.......................................................................................................................8 Section 5.01 – Members.......................................................................................................................8 Section 5.03 – New Members. .............................................................................................................9 Article VI: Directors and Officers......................................................................................................9 Section 6.01 – Board of Directors. .......................................................................................................9 Section 6.02 – Directors and Alternates. ..............................................................................................9 Section 6.02.03 Ex Officio Member...................................................................................................10 Section 6.03 – Officers of the Board. .................................................................................................10 Section 6.04 – Appointment of Officers of the Board........................................................................10 Article VII: Board Meetings and Actions.........................................................................................10 Section 7.01 – Initial Meeting ............................................................................................................10 Section 7.02 – Regular Meeting Schedule..........................................................................................10 Section 7.03 – Conduct of Board Meetings........................................................................................11 Section 7.04 – Quorum.......................................................................................................................11 Section 7.05 – Voting.........................................................................................................................11 Section 7.06 – Supermajority Voting Requirement............................................................................11 Section 7.07 – Unanimous Voting Requirement ................................................................................11 Article VIII: Board Committees.......................................................................................................12 Section 8.01 – Committees of the Board............................................................................................12 Section 8.02 – Advisory Committee...................................................................................................12 Article IX: Operations and Management..........................................................................................12 Section 9.01 – Administrator and Plan Manager................................................................................12 339944 of 669933
ii 4914-6472-3838.2 014382.003
Section 9.02 – Legal Counsel and Other Officers. ............................................................................. 12 Section 9.03 – Employees and Management...................................................................................... 13 Section 9.04 – Principal Office........................................................................................................... 13 Section 9.05 – Bylaws........................................................................................................................ 13 Section 9.06 – Official Seal and Letterhead. ...................................................................................... 13 Section 9.07 – Conflict of Interest Code. ........................................................................................... 13 Article X: Financial Provisions ........................................................................................................ 13 Section 10.01 – Establishment of Funds............................................................................................. 13 Section 10.02 – Initial Agency Funding Commitments...................................................................... 13 Section 10.03 – Fiscal Year................................................................................................................ 15 Section 10.04 – Treasurer, Controller and Annual Audit ................................................................... 15 Section 10.05 – Funds; Property; Bonds. ........................................................................................... 15 Section 10.06 – Budget ...................................................................................................................... 15 Section 10.07 – Payments To The Agency......................................................................................... 16 Article XI: Relationship of Agency And Its Members..................................................................... 16 Section 11.01 – Separate Entity.......................................................................................................... 16 Section 11.02 – Liabilities.................................................................................................................. 16 Section 11.03 – Indemnity and Insurance........................................................................................... 16 Section 11.04 – Agreements With Member Agencies........................................................................ 17 Section 11.05 – Withdrawal of Members........................................................................................... 17 Section 11.06 – Termination of Members. ......................................................................................... 17 Section 11.07 – Continuing Obligations upon Withdrawal or Termination. ...................................... 18 Section 11.08 – Dissolution................................................................................................................ 18 Section 11.09 – Disposition of Property Upon Termination............................................................... 18 Article XII: Miscellaneous Provisions............................................................................................... 18 Section 12.01 – Agreement Complete................................................................................................ 18 Section 12.02 – Amendment .............................................................................................................. 19 Section 12.03 – Successors and Assigns. ........................................................................................... 19 Section 12.04 – Dispute Resolution.................................................................................................... 19 Section 12.05 – Execution In Parts Or Counterparts. ......................................................................... 20 Section 12.06 – Member Authorization.............................................................................................. 20 Section 12.07 – No Predetermination or Irretrievable Commitment of Resources............................ 20 Section 12.08 – Notices...................................................................................................................... 20 Section 12.09 – Severability And Validity Of Agreement ................................................................. 20 Section 12.10 – Singular Includes Plural............................................................................................ 21 SIGNATURE LINES ................................................................................................................... 21 EXHIBIT A .................................................................................................................................. 23 339955 of 669933
iii 4914-6472-3838.2 014382.003
EXHIBIT B .................................................................................................................................. 24 Advisory Committee to the Agency Board .................................................................................. 24 Membership........................................................................................................................................ 24 Member Appointment ........................................................................................................................ 25 Application Timeline.......................................................................................................................... 25 Advisory Committee Member Terms................................................................................................. 26 Decision Making and Governing Board Consideration...................................................................... 26 Public Process .................................................................................................................................... 26 339966 of 669933
Amended and Restated
SANTA ROSA PLAIN GROUNDWATER
SUSTAINABILITY AGENCY JOINT EXERCISE OF
POWERS AGREEMENT
THIS This JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) forming
the Santa Rosa Plain Groundwater Sustainability Agency (“Agency”) is made and entered into as of December 31, 2017 2026 (“Effective Date”), by and among the public agencies listed on the attached Exhibit “A” (collectively “Members” and individually “Member”) for the purpose of forming a Groundwater Sustainability Agency (“GSA”) and achieving groundwater sustainability in the Santa Rosa Plain Groundwater Basin.
RECITALS
WHEREAS, the comprehensive groundwater legislation collectively enacted and referred to as the “Sustainable Groundwater Management Act” at California Water Code Section 10720 et. seq. (“SGMA”) initially became effective on January 1, 2015.
WHEREAS, the stated purpose of SGMA, as set forth in California Water Code section 10720.1, is to provide for the sustainable management of groundwater basins at a local level by providing local groundwater agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater.
WHEREAS, SGMA requires the designation of Groundwater Sustainability Agencies (“GSAs”) for the purpose of achieving groundwater sustainability through the adoption and implementation of Groundwater Sustainability Plans (“GSPs”) or an alternative plan for all medium and high priority basins as designated by the California Department of Water Resources.
WHEREAS, each Member is a local agency, as defined by SGMA, within the Santa Rosa Plain Groundwater Subbasin (“Basin”) which is designated basin number 1-55.01 in Department of Water Resources Bulletin No. 118 and which is designated as a medium priority basin.
WHEREAS, pursuant to Section 10723 of the California Water Code, SGMA authorizes a water corporation regulated by the Public Utilities Commission (“PUC”) or a mutual water company to participate in a GSA through agreement.
WHEREAS, certain PUC-regulated (PUCR) and mutual water companies (MWC) within the Basin have entered into a Memorandum of Understanding for the purpose of selecting a common representative to serve as a member of the GSA Board (“MWC/PUCR MOU”).
WHEREAS, SGMA requires that the Basin have a designated GSA by no later than June 30, 2017 and an adopted GSP by no later than January 31, 2022.
WHEREAS, SGMA authorizes a combination of local agencies to form a GSA by entering into a joint powers agreement.
WHEREAS, the Members are authorized by the Joint Exercise of Powers Act (Chapter 5 of Division 7 of Title 1 of the California Government Code) (“Act”) to create the Agency for the 1 339977 of 669933
2 purpose of jointly exercising those powers granted by the Act and any additional powers which are common among them.
WHEREAS, the Members, individually and collectively, have the goal of cost effective sustainable groundwater management that considers the interests and concerns of all beneficial uses and users of groundwater.
WHEREAS, in order to promote efficiency and sharing of resources, the Members, individually and collectively, encourage coordination between GSAs in Sonoma County.
WHEREAS, the Members hereby enter into this Agreement to establish this Joint Powers Authority to form a GSA and undertake the management of groundwater resources pursuant to SGMA.
WHEREAS, on May 25, 2017, and pursuant to the aforementioned recitals, the Members entered into a Joint Power Agreement as authorized by the Joint Exercise of Powers Act (Chapter 5 of Division 7 of Title 1 of the California Government Code) (“Act”), thereby forming the Agency, and under which the Agency has since been operating.
WHEREAS, the Members have now unanimously determined, pursuant to those same recitals, that 2017 Joint Powers Agreement should be amended so that this Amended and Restated Joint Powers Agreement accurately reflects the Agency’s governance and administrative structure, thereby becoming, as of the Effective Date, the Joint Powers Agreement that shall govern the GSA.
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 terms 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) “Administrator” shall mean the person or entity appointed by the Board pursuant to Section 9.01.01 to manage the operation of the Agency. (c) “Agency” shall mean the Santa Rosa Plain Groundwater Sustainability Agency, 339988 of 669933
3 which is a separate entity created by this Agreement pursuant to the provisions of California Government Code sections 6500 et seq.
(d) “Agreement” means this Santa Rosa Plain Groundwater Sustainability Agency Joint Exercise of Powers Agreement.
(e) “Basin” shall mean the Santa Rosa Plain Groundwater Subbasin which is designated basin number 1-55.01 in Department of Water Resources’ Bulletin No. 118 and as its boundaries may be modified from time to time through the procedures described in California Water Code section 10722.2 or by the Department of Water Resources under itsseparate authority. (f) “Board of Directors” or “Board” shall mean the governing body of the Agency as 339999 of 669933
4 established by Section 6.01 of this Agreement.
(g) “Bylaws” shall mean the bylaws adopted by the Board of Directors pursuant to Section 9.05 of this Agreement to govern the day-to-day operations of the Agency. (h) “Director” shall mean each person appointed by each Member pursuant to Section
6.02 to exercise the rights and duties of a Director as defined by this Agreement, which shall include a “Primary Director,” “Alternate Director,” and “Second Alternate Director,” as appropriate.
(g) “Director” and “Alternate Director” shall mean a Director or Alternate Director appointed by a Member pursuant to Section 6.02 of this Agreement. (h)(i)“Ex Officio Member” shall mean an entity invited to participate in the Agency pursuant to Section 5.02 of this Agreement.
(i)(j) “Fiscal Year” shall mean July 1
st through June 30th pursuant to Section 10.03 of
this Agreement.
(j)(k)“Groundwater Sustainability Agency” or “GSA” shall have the meaning set forth in California Water Code section 10721(j).
(k)(l)“Groundwater Sustainability Plan” or “GSP” shall have the meaning set forth in California Water Code section 10721(k).
(l)(m)“Local Agency” or “Local Agencies” shall have the meaning set forth in California Water Code Section 10721(n).
(m)(n) “Member” or “Members” shall mean the local agencies listed in the attached Exhibit “A” that have executed this Agreement, including any new Members that may subsequently join this Agency with the authorization of the Board, pursuant to Section 5.02 of this Agreement.
(n)(o) “MWC/PUCR Director” shall mean the person selected to represent the Basin area mutual water companies and PUC regulated utilities on the GSA Board pursuant to the MWC/PUCR MOU.
(o)(p) “Plan Manager” shall mean the person appointed by the Board to oversee the preparation and implementation of the GSP and who has been delegated management authority for submitting the GSP, GSP amendments, annual reports, and five-year assessments and serving as the point of contact between the Agency and the Department of Water Resources. The Plan Manager shall be a professional engineer, professional geologist or certified hydrogeologist, or someone who has demonstrated experience and knowledge in the foregoing areas as determined by the Board.
(p)(q)“Sustainable Groundwater Management Act” or “SGMA” shall mean the 440000 of 669933
5 comprehensive groundwater legislation collectively enacted and referred to as the “Sustainable Groundwater Management Act” (“SGMA”) as codified in California Water Code Sections 10720 et seq. and as may be amended in the future.
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6 Article II: Agency Creation
Section 2.01 – Creation of the Agency.
There is hereby created a joint powers agency known as the Santa Rosa Plain Groundwater Sustainability Agency (“Agency”). The Agency shall be, to the extent provided by law, a public entity separate from the Members of this Agreement.
Section 2.02 – Purpose of the Agency.
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 powers granted by SGMA, for the purpose of cooperatively carrying out the requirements of SGMA, including, but not limited to, serving as the GSA for the Basin.
Article III: Term
Section 3.01 – Term.
This Agreement shall become operative on the Effective Date, provided that at least two of the Members listed in Exhibit A have executed this Agreement by said date. If an eligible agency listed in Exhibit A has not executed this Agreement by May 12, 2017 it will lose its right to join through execution of this Agreement and its membership will be subject to the process for inclusion of new Members set forth in Section 5.02, provided, however, that if an eligible agency is diligently pursuing approval of this Agreement from its governing board and has obtained approval not later than May 26, 2017, then it shall be allowed to join without adherence to Section 5.02.
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.
Article IV: Powers
Section 4.01 – Powers.
The Agency shall possess the ability to exercise those powers specifically granted by the Act and SGMA. Additionally, the Agency shall possess the ability to exercise the common powers of its Members related to the purposes of the Agency, including, but not limited to, the following:
4.1.1 To designate itself the GSA for the Basin pursuant to SGMA.
4.1.2 To adopt rules, regulations, policies, bylaws and procedures governing the operation of the Agency and the adoption and implementation of the GSP.
4.1.3 To develop, adopt and implement a GSP for the Basin pursuant to 440022 of 669933
7 SGMA.
4.1.4 To adopt ordinances within the Basin consistent with the purpose of the Agency as necessary to implement the GSP and otherwise meet the requirements of SGMA.
4.1.5 To employ agents and employees.
4.1.6 To obtain legal, financial, accounting, technical, engineering, and other services needed to carry out the purposes of this Agreement.
4.1.7 To conduct studies, collect and monitor all data related and beneficial to the development, adoption and implementation of the GSP for the Basin.
4.1.8 To perform periodic reviews of the GSP including submittal of annual reports.
4.1.9 To require the registration and monitoring of wells within the Basin.
4.1.10 To issue revenue bonds or other appropriate public or private debt and incur debts, liabilities or obligations.
4.1.11 To exercise the powers permitted under Government Code section 6504 or any successor statute.
4.1.12 To levy taxes, assessments, charges and fees as provided in SGMA or otherwise provided by law.
4.1.13 To regulate and monitor groundwater extractions within the Basin as permitted by SGMA, provided that this Agreement does not extend to a Member’s operation of its system to distribute water once extracted or otherwise obtained, unless and to the extent required by other laws now in existence or as may otherwise be adopted.
4.1.14 To establish and administer projects and programs for the benefit of the Basin.
4.1.15 To cooperate, act in conjunction and contract with the United States, the State of California, or any agency thereof, counties, municipalities, special districts, groundwater sustainability agencies, public and private corporations of any kind (including without limitation, PUC regulated utilities and mutual water companies), and individuals, or any of them, for any and all purposes necessary or convenient for the full exercise of the powers of the Agency.
4.1.16 To accumulate operating and reserve funds and invest the same as allowed by law for the purposes of the Agency and to invest funds pursuant to California Government Code section 6509.5 or other applicable State Law. 440033 of 669933
8 4.1.17 To apply for and accept grants, contributions, donations and loans under any federal, state or local programs for assistance in developing or implementing any of its projects or programs for the purposes of the Agency.
4.1.18 To acquire by negotiation, lease, purchase, construct, hold, manage, maintain, operate and dispose of any buildings, property, water rights, works or improvements within and without the respective boundaries of the Members necessary to accomplish the purposes described herein.
4.1.19 To sue or be sued in its own name.
4.1.20 Any additional powers conferred under SGMA or the Act or under applicable law, insofar as such powers are needed to accomplish the purposes of SGMA, including all powers granted to the Agency under Article 4 of the Act which are in addition to the common powers of the Members, including the power to issue bonds or otherwise incur debts, liabilities or obligations to the extent authorized by the Act or any other applicable provision of law and to pledge any property or revenues of the rights thereto as security for such bonds and other indebtedness.
4.1.21 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 perform all other acts necessary or proper to fully carry out the purposes of this Agreement.
Section 4.02 – Exercise of Powers.
In accordance with California Government Code section 6509, the foregoing powers shall be subject to the restrictions upon the manner of exercising such powers pertaining to the County of Sonoma.
Section 4.03 – Water Rights and Consideration of all Beneficial Uses and Users of Groundwater in the Basin.
As set forth in California Water Code section 10723.2, and any future amendments to SGMA, the GSA shall consider the interests of all beneficial uses and users of groundwater in the Basin, as well as those responsible for implementing the GSP. Additionally, as set forth in California Water Code section 10720.5(a), and any future amendments to SGMA, any GSP adopted pursuant to this Agreement shall be consistent with Section 2 of Article X of the California Constitution and nothing in this Agreement modifies the rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution, with the exception that no extraction of groundwater between January 1, 2015 and the date the GSP is adopted may be used as evidence of, or to establish or defend against, any claim of prescription.
Likewise, as set forth in California Water Code section 10720.5(b), and any future amendments to SGMA, nothing in this Agreement or any GSP adopted pursuant to this Agreement determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights.
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9 Section 4.04 – 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. The adopted GSP shall not authorize any water supply augmentation to the Basin with groundwater extracted from another groundwater basin within the jurisdiction of a Member without the express consent of that Member.
Section 4.05 – Coordination between Basins.
In order to maintain consistency and the efficient use of resources, to the extent feasible, the Agency shall endeavor to coordinate between and among the other Sonoma County GSAs for administration, matters involving public communication and outreach, and for developing frameworks to support groundwater management, which may include agreement to certain areas of coordination, provided that the Agency retain its own authority and that such recommendations are ratified by the Board. The Agency may clarify and acknowledge coordination among the other GSAs through a document or agreement if deemed appropriate.
Section 4.06 – Agreement with MWC/ PUCRs.
The Agency will enter into a single participation agreement with the Basin area mutual water companies and PUC-regulated entities located within the Basin who are parties to the MWC/PUCR MOU to allow participation in the GSA as authorized by SGMA. Such participation agreement shall allow the selection of one representative, as well as an alternate, pursuant to the MWC/PUCR MOU to serve as the MWC/PUCR Director and Alternate Director on the GSA Board. The participation agreement with the MWC/PUCRs shall contain the same provisions regarding termination, suspension of voting rights, and continuing obligations upon withdrawal or termination as those that pertain to the Members pursuant to Sections 11.06 and 11.07.
Section 4.07 – Public Meeting for Periodic 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 at the following milestones to review the terms and conditions of this Agreement and discuss whether any amendments to this Agreement are necessary or advisable:
• Upon completion of an initial fee study
• Within three years of submittal of the GSP to DWR
• At least once every ten years after adoption of the GSP At such public meeting the Administrator and Agency Counsel shall make a report to the Board recommending any amendments to the Agreement, and if directed by the Board shall draft proposed amendments to this Agreement for consideration by the governing boards of each Member. This section shall not preclude the Members from making amendments of this Agreement at other times as deemed necessary or appropriate by the Members, in accordance with Section 12.02 of this Agreement.
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10 Article V: Membership
Section 5.01 – Members.
The Members of the Agency shall be 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 Article XI of this Agreement.
Section 5.02 – Ex Officio Members.
An entity that is pursuing formation of a local public agency that is qualified to join the Agency under the provisions of SGMA and the Act, may submit to the Agency documentation of its formation process. Such documentation shall include:
5.02.01 For an entity going through Sonoma County Local Agency Formation Commission (Sonoma LAFCO):
• All documentation submitted to the Sonoma LAFCO, including:
o Complete Application/Petition Packet
o Plan for Services, which shall include its five-year plan, budget and funding information, and staffing plan, and which shall demonstrate that the entity will meet the SGMA definition of local public agency and provide an analysis of how the entity will support SGMA implementation o Map, showing boundaries and parcels
• Documentation of Sonoma LAFCO’s approval or conditional approval of entity’s application/petition
Upon receipt of the above documentation, the entity will be invited to join the Board as an Ex Officio Member, with no voting rights. Such Ex Officio participation will cease upon any of the following:
• If LAFCO granted conditional approval, failure to meet any of the required conditions
• Failure to conduct the required elections for formation within timeframe required by LAFCO
• Failure of required elections for formation to pass
• Failure to complete formation process within three years of becoming Ex Officio Member
5.02.02 For an entity going through a special legislative process outside Sonoma LAFCO:
• Final text of the enacted and enrolled bill which shall demonstrate that the entity will meet the SGMA definition of local public agency and include provisions regarding how the entity will support SGMA implementation • Documentation that the bill has been chaptered by the Secretary of State Upon receipt of the above documentation, the entity will be invited to join the Board as an Ex Officio Member, with no voting rights. Such Ex Officio participation will cease upon any of the following:
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11 • Failure to conduct required elections, if any, for formation within the timeframe specified by the legislation, if any. If no timeframe is specified, within one year of the effective date of the legislation. • Failure of required elections, if any, for formation to pass. • Failure to satisfy other requirements, if any, specified in the legislation for formation within the timeframe specified by the legislation, if any. If no timeframe is specified, within one year of the effective date of the legislation.
Section 5.03 – New Members.
Upon submittal of an application for membership, new Members shall be admitted to the Agency so long as: 1) the new Member is located or has jurisdictional boundaries within the Basin; 2) the new Member is a local public agency or another entity authorized by SGMA that is qualified to join the Agency under the provisions of SGMA and the Act; and 3) the new Member agrees to the terms of this Agreement, including applicable financial obligations, which may be determined based at no more than an equal share of the unreimbursed Funding Commitments of the other Members pursuant to Section 10.02 or as established pursuant to Section 10.07.
Once an application is accepted by the Board of Directors, this Agreement is executed by an authorized representative of the new Member, and the new Member satisfies any applicable financial obligation 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
12.02. Article VI: Directors and Officers
Section 6.01 – 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 one voting seat per Member and one voting seat for the MWC/PUCR MOU Representative. The governing board shall be known as the “Board of Directors of the Santa Rosa Plain Groundwater Sustainability Agency.” All voting power shall reside in the Board.
Section 6.02 – Directors and Alternates.
Directors and Alternate Directorss shall be appointed as follows:
6.02.02 6.02.01 Members: Each Member shall appoint one Primary Director and one Alternate Director to the Board. The Alternate Director shall serve and assume the rights and duties of the Primary Director when the Primary Director is absent or recused from unable to attend a Board meeting. The Primary Directors and Alternate Directors shall, at all times, be an elected or appointed officials of their governing bodies. respective Member. 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 440077 of 669933
12 discretion of their
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13 respective Members. Each Director and Alternate Director shall hold office until their successor is selected by their Member and the Agency has been notified of the succession.
In the event that a Director or Alternate Director loses their position as an official of their Member’s governing body, that Director position shall become vacant and that Member shall appoint a new Director.
If necessary, each Member may have the option to also appoint one Second Alternate Director who shall serve and assume the rights and duties of the Primary Director in the absence or recusal of both that Member’s Primary Director and Alternate Director. The appointed Second Alternate Director must be appointed by an official action of their respective Member., The appointed Second Alternate Director shall not include independent contractors, consultants, temporary staff, or third parties. The Second Alternate Director shall be limited to attending no more than two (2) of the Agency’s meetings during any calendar year.
Each appointed Primary, Alternate, and Second Alternate Director who assumes the rights and duties of the Primary Director shall, at all times, be subject to the Agency’s Conflict of Interest Codes and applicable state law, including, but not limited to, Government Code § 1090, the Political Reform Act, and the Brown Act. Each appointed Primary, Alternate, and Second Alternate Director 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 respective Member. Each Primary, Alternate, and Second Alternate Director shall hold office until their successor is selected by their Member and the Agency has been notified of the succession.
In the event that the Primary or Alternate Director ceases to be an elected or appointed official of their Member's governing body, that Primary or Alternate Director position shall become vacant and the respective Member Agency shall appoint a new Primary or Alternate Director.
6.02.036.02.02 MWC/PUCR: The MWC/PUCR MOU Director, and an Alternate Director, shall be selected in accordance with the MWC/IOU MOU and any applicable provisions of the participation agreement.
Section 6.02.03 Ex Officio Member: For any Ex Officio Member established pursuant to Section 5.02, the Ex Officio Member shall appoint one representative who shall reside within the proposed geographic boundaries of the Ex Officio Member. The Ex Officio Member may participate in Board discussions but shall have no voting rights.
Section 6.03 – Officers of the Board.
Officers of the Agency’s 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.
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14 Section 6.04 – Appointment of Officers of the Board.
The Board shall annually elect the Officers of the Board from the Primary Directors every other calendar year. Officers of the Board shall hold office for a term of two years commencing on July 1 of every other 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 Board vote. In the event that an Officer of the Board loses their position as a Primary Director, that Officer of the Board position shall become vacant and the Board shall elect a new Officer from existing Board membersPrimary Directors to serve the remaining Officer term.
Article VII: Board Meetings and Actions.
Section 7.01 – Initial Meeting.
The initial meeting of the Board, which shall be held for purpose of meeting the requirements of California Water Code Section 10723, including decision of the Agency to serve as the GSA for the Basin, shall be held at a location overlying the Basin on or before June 20, 2017.
Section 7.02 – Regular Meeting Schedule.
The Board shall establish by resolution, bylaws, or other procedure a regular meeting time and place at the initial meeting of the Board. The Board may vote to change the regular meeting time and place provided that the new location remains at a place overlying the Basin. 441100 of 669933
15 Section 7.03 – Conduct of Board Meetings.
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 7.04 – Quorum.
A quorum of the Board shall consist of a majority of the Directors.
Section 7.05 – Voting.
Each Director shall have one vote. A majority vote of the Directors is needed for the adoption of any action, except those which require a supermajority three-fourths vote or a unanimous vote.
Section 7.06 – Supermajority Voting Requirement.
A supermajority vote is three-fourths of the Directors. Items that require a supermajority vote to pass consist of the following, which, except for those items described in Section 12.02.02, may be amended from time to time by the Board by a supermajority vote, or as may otherwise be required by this Agreement (See Sections 9.03, 11.06 and 12.02.0201) or by law:
• Bylaws adoption, modification or alteration
• GSP adoption, modification or alteration
• Removal of Advisory Committee members
• Modifications to the composition of the Advisory Committee as set forth in Section
6.3(b) of the Bylaws, including changes to the total composition and number of Advisory Committee members, Member appointees, and interest-based appointees, including changes to the categories of interest-based appointees. • Adoption of assessments, charges and fees
• Adoption of regulations and ordinances
• Adoption or modification of annual budget, including capital projects • Property acquisition (excepting rights of way)
• Contracting with a Member for administrative services, subject to the provisions of Section 9.03
• Appointment of Fiscal Agent and Treasurer, subject to the provisions of Section
9.03 and/or Section 10.04, Administrator, Plan Manager or General Legal Counsel • Minor, administrative amendments to this Agreement not subject to Section
12.02.02 Section 7.07 – Unanimous Voting Requirement.
Items that require a unanimous vote of the Board to pass consist of the following, which may be amended from time to time by the Board by a unanimous vote, or as otherwise required by law:
• Financial Commitments of the Members, whether through the budget approval 441111 of 669933
16 process or otherwise
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17 Article VIII: Board Committees
Section 8.01 – 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 carrying out the purposes and objects of the Authority. The Board shall determine the purpose and need for such committees and the necessary qualifications for individuals appointed to them.
Section 8.02 – Advisory Committee.
The Board shall establish an Advisory Committee. Meetings of the Advisory Committee shall be noticed, held, and conducted in accordance with the provisions of The Brown Act (California Government Code sections 54950, et seq.). Through the use of the Advisory Committee, the Board shall ensure that the development of the GSP includes the meaningful participation of all beneficial uses and users of groundwater in the Basin.
Composition of the Advisory Committee is intended to represent the beneficial uses and users of groundwater identified in SGMA. A Committee member’s participation shall not violate the California Political Reform Act of 1974 (Gov. Code, § 81000 et seq.), the provisions of California Government Code section 1090 et seq., or any other applicable law. The Advisory Committee’s purpose and membership is described in Exhibit B.
Article IX: Operations and Management.
Section 9.01 – Administrator and Plan Manager.
9.01.01 Administrator: The Board may appoint an Administrator, from time-to-time as and when it deems appropriate. If appointed, the Administrator shall serve at the pleasure of the Board of Directors and his/hertheir duties and responsibilities shall be set forth by the Board. The Administrator shall have the authority to hire employees, consistent with the approved budget.
9.01.02 Plan Manager: The Board shall appoint a Plan Manager. The Administrator and Plan Manager may be the same individual. The Plan Manager shall serve at the pleasure of the Board of Directors and his/hertheir duties and responsibilities shall be set forth by the Board.
Section 9.02 – Legal Counsel and Other Officers.
The Agency 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 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 other appointed officers of the Agency may be employees or contractors of one or more of the Members, in accordance with Sections 9.03 and 11.04. 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.
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18 Section 9.03 – 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 ofprovide technical and outreach services to 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 super-majority vote of the Directors representing the non-contracting Member(s).
Technical and outreach services include, but are not limited to GSP implementation, monitoring and reporting, studies and information gathering, project and management action implementation, and associated public outreach activities.
The Agency may also engage one or more Members to provide administrative services, the contract for which shall be approved by a supermajority vote of the Directors representing the non-contracting Member(s). Administrative services include, but are not limited to, agency administration, fiscal management, management of Agency contracts, and management of Agency Board and Advisory Committee.
Section 9.04 – 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 overlying the Basin. The Board may change the principal office from time to time so long as that principal office remains at a location overlying the Basin.
Section 9.05 – Bylaws.
The Board shall adopt and maintain 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 9.06 – Official Seal and Letterhead.
The Board may adopt, and/or amend, an official seal and letterhead for the Agency.
Section 9.07 – Conflict of Interest Code.
The Board shall adopt and file a Conflict of Interest Code pursuant to the provisions of the Political Reform Act of 1974 within six months of the Effective Date. The Board may review and revise the Conflict of Interest Code from time to time as appropriate or when required by law.
Article X: Financial Provisions
Section 10.01 – 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.
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19 Section 10.02 – Initial Agency Funding Commitments.
In order to initially fund the Agency, the Members, as well as the MWC/PUCRs pursuant to the participation agreement, shall each provide the funding commitment amounts listed in the tables below (“Funding Commitment”), with the Funding Commitment to be paid by the identified due dates in the tables below. Such Funding Commitments may be made by payment to the Agency, providing services to the Agency through an agreement with the Agency, or through a combination of both. If any portion of a Member’s Funding Commitment isto be provided through a services agreement, such Member shall strive to enter into a services agreement with the Agency by the initial due date. The timeframe for payment of any remainder amounts shall be determined 441155 of 669933
20 by the Board of Directors based on the funding and operational needs of the Agency, and shall be due and payable within thirty (30) days of request for funds as issued by the Agency, provided that billing of Members may take into account the larger agency Members’ ability and willingness to make payments prior to the smaller agency Members. To the extent the Agency is able to secure other funding sources in the future, and to the extent permitted by law, the Agency shall reimburse any Funding Commitment amount to each Member on a proportionate basis.
Fiscal Year 2017-18:
Total FY 2017-18
Commitment
Initial
Commitment
amount due by
July 31, 2017
City of Cotati $ 55,000 $ 18,000
City of Rohnert Park $ 55,000 $ 18,000
City of Santa Rosa $ 55,000 $ 18,000
Town of Windsor $ 55,000 $ 18,000
Gold Ridge Resource
Conservation District
$ 55,000 $ 18,000
Sonoma Resource Conservation
District
$ 20,000 $ 6,600
County of Sonoma $ 55,000 $ 18,000
Sonoma County Water Agency $ 55,000 $ 18,000
MWC/PUCR* $ 55,000 $ 18,000
TOTAL $460,000 $150,600
For Fiscal Year 2018-19, the Members shall each be prepared to make the following Funding Commitment to the Agency based on a projected annual budget amount of $530,000, provided, however, that it is understood and agreed that the actual funding needs of the Agency may vary and will depend on the actual 2018-19 budget as adopted by the Board. In the event the funding needs are greater than those anticipated in the proposed fiscal year 2018-19 budget, any excess Funding Commitment is subject to Board approval pursuant to Section 7.07. * The Initial Funding Commitment of the MWC/PUCRs shall be due within 30 days of final approval and execution of the MWC/PUCRs participation agreement or by July 31st, whichever date is later.
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21 Total FY 2018-19
Commitment
Initial Funding
Commitment
amount due by
July 31, 2018
City of Cotati $ 64,000 $ 21,000
City of Rohnert Park $ 64,000 $ 21,000
City of Santa Rosa $ 64,000 $ 21,000
Town of Windsor $ 64,000 $ 21,000
Gold Ridge Resource
Conservation District
$ 64,000 $ 21,000
Sonoma Resource Conservation
District
$ 20,000 $ 6,600
County of Sonoma $ 64,000 $ 21,000
Sonoma County Water Agency $ 64,000 $ 21,000
MWC/PUCR $ 64,000 $ 21,000
TOTAL $532,000 $174,600
Section 10.03 – Fiscal Year.
The Fiscal Year of the Agency shall be July 1 to June 30.
Section 10.04 – 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 three-fourths supermajority 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 10.05 – Funds; Property; Bonds.
The Board may from time to time designate the officers and persons, in addition to those specified in Section 10.04 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.
Section 10.06 – Budget.
In all cases, the Board shall adopt a final budget no later than the start of the ensuing Fiscal Year. If, however, the Agency’s administrative costs for the ensuing Fiscal Year are proposed to be 441177 of 669933
22 directly funded by Member contributions, the Board shall adopt a preliminary budget for the Agency for the ensuing Fiscal Year no later than ninety (90) days before the start of that ensuing fiscal year. The Board may authorize mid-year budget adjustments as needed. The Board shall adopt a budget for the Agency for the ensuing Fiscal Year not later than April 1st of each year. The Board may authorize mid-year budget adjustments, as needed. 441188 of 669933
23 Section 10.07 – Payments To The Agency.
All fees, costs and expenses incurred by the Agency may be funded from: (i) voluntary contributions from third parties, such as grants; (ii) voluntary contributions, 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 SGMA or otherwise provided by law; and, (v) subject to the unanimous vote of the Board, assessments on the Members to carry out the activities of the Agency generally applicable to all Members.
Article XI: Relationship of Agency And Its Members.
Section 11.01 – Separate Entity.
In accordance with California Government Code Sections 6506 and 6507, the Agency shall be a public entity separate and apart from the parties to this Agreement.
Section 11.02 – Liabilities.
In accordance with California Government Code section 6508.1, the debt, liabilities and obligations of the Agency shall be the debts, liabilities and obligations of the Agency alone and not of its Members. The Members do not intend hereby to be obligated either jointly or severally for the debts, liabilities or obligations of the Agency, except as may be specifically provided for in California Government Code Section 895.2 as amended or supplemented.
Section 11.03 – Indemnity and Insurance.
11.03.01 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.
11.03.02 – Agency Insurance and Liability Coverage Requirements.
The Agency shall be required to obtain insurance, or join a self-insurance program in which one or more of the Members participate, appropriate for its operations. Any and all insurance coverages provided by the Agency, and/or any self-insurance 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 all of its contractors and subcontractors to have insurance appropriate for their operations. All amounts coverages and 441199 of 669933
24 provisions of the insurance policies identified in this Section 11.03B shall be subject to the approval of Agency Legal Counsel.
Section 11.04 – 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.
Section 11.05 – Withdrawal of Members.
Any Member shall the have the ability to withdraw by providing one hundred eighty (180) days written notice of its intention to withdraw. Said notice shall be given to the Board and to each of the other Members.
A Member shall not be fiscally liable for the adopted budget provided that the Member provides written notice one hundred eighty (180) days prior to the adoption of the budget.
Notwithstanding the foregoing, any Member shall have the ability to withdraw by providing not less than ninety (90) days written notice of its intention to withdraw prior to the adoption of the 2018-19 budget. A Member shall not be fiscally liable for the fiscal year 2018-19 Funding Commitment provided that said Member has provided a timely notice of its intent to withdraw to the Board and 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 forth in Section 11.07 below.
Section 11.06 – Termination of Members.
Any Member’s failure to meet its funding obligations pursuant to Sections 10.02 or 10.07 of this Agreement may be treated as a breach of this Agreement and the Board may vote to terminate such Member. Such termination shall be approved by unanimous consent of all Directors except the Director of the Member proposed to be terminated. In lieu of termination, the Board may in its discretion vote to suspend a Member’s voting privileges for failure to meet its funding obligations pursuant to Section 10.02 or 10.07 until the Member has satisfied its funding obligations. Such suspension of voting privileges shall be approved by a supermajority vote, as defined in Section
7.06 above but excepting the Director of the Member proposed to have its voting privileges suspended. In the event a Member’s voting privileges are suspended, that Member shall not be counted for purposes of determining a majority or supermajority vote in accordance with Sections
7.05 and 7.06. In the event of termination of a Member, this Agreement shall continue in full force and effect among the remaining members as set forth in Section 11.07 below, and such action by the Board shall not be subject to the requirements of Section 12.02. Before terminating a Member for breach pursuant to this section, the Board must satisfy the meet and confer requirements under Section 12.04. As part of the meet and confer process, the Board and the Member proposed to be terminated may conduct mediation in accordance with Section 12.04.
Any Member’s failure to be represented by a Director, or Alternate Director, or Second Alternate Director of the Member for three consecutive meetings (regular or special) of the Board may be considered a breach of this Agreement for which the Board may vote to suspend a Member’s voting privileges for one or more meetings of the Board. Such suspension of voting privileges shall be approved by a supermajority vote, as defined in Section 7.06 above but excepting the Director of the Member proposed to have its voting privileges suspended. In the 442200 of 669933
25 event a Member’s voting privileges are suspended, that 442211 of 669933
26 Member shall not be counted as a member of the Board for purposes of determining a majority or supermajority vote in accordance with Sections 7.05 and 7.06.
Suspension of a Member’s voting privileges under this section shall not excuse that Member from its obligations under this Agreement, including but not limited to, continuing Funding Commitments to the Agency and attendance at meetings.
Section 11.07 – Continuing Obligations upon Withdrawal or Termination.
Except as provided for in Section 11.05, any withdrawal or termination of a Member, shall not relieve the withdrawing or terminating Member of its financial obligations arising under this Agreement prior to the effective date of the withdrawal or termination, including but not limited to financial obligations or guarantees for loans provided by individual Members, if applicable.
The withdrawal or termination 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 among 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, and shall continue to function as the GSA for the Basin.
Section 11.08 – Dissolution.
The Agency may be dissolved at any time upon the unanimous vote of the Board. However, the Agency shall not be dissolved until all debts and liabilities of the Agency have been eliminated, or allocated, assigned and assumed by individual Members, or another entity or individual. Upon Dissolution of the Agency, each Member shall receive its proportionate share (in proportion 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 terminated shall be entitled to a distribution upon dissolution.
Section 11.09 – Disposition of Property Upon Termination of Agency or Board Determination of Surplus.
Upon termination of this Agreement or upon determination by the Board that any surplus 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 XII: Miscellaneous Provisions
Section 12.01 – Agreement Complete.
The foregoing constitutes the full and complete Agreement of the Members. This 442222 of 669933
27 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 12.02 – Amendment.
12.02.01 Minor Amendments. Minor, administrative amendments to this Agreement may be made by supermajority vote pursuant to Section 7.06.
12.02.02. Other Amendments. Amendments to this Agreement related to the following items require unanimous written consent of the Members acting through their governing bodies, and provisions may be amended from time to time by the unanimous consent of the Members, acting through their governing bodies. Such amendments shall be in the form of a writing signed by each Member.
• Any change in Powers
• Any change in Board composition, except as already provided for in this Agreement
• Any change in Voting requirements
• Any changes to Liabilities and Indemnification provisions • Any changes to Termination and Withdrawal provisions
• Elimination of the Advisory Committee
• Any other item expressly requiring unanimous as described elsewhere in this Agreement, including Sections 3.01, 7.07, 11.06, and 11.08 Section 12.03 – 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 contracts, 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 12.04 – 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 21days of the 442233 of 669933
28 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 442244 of 669933
29 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 10business days prior to the 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 of representatives of Members not party 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 12.05 – Execution In Parts Or Counterparts.
This Agreement may be executed in parts or counterparts, each part or counterpart 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 12.06 – Member Authorization.
The governing bodies of the Members have each authorized execution of this Agreement, as evidenced by their respective signatures below.
Section 12.07 – No Predetermination or Irretrievable Commitment of Resources.
Nothing herein shall constitute a determination by the Agency or any Member that any action shall be undertaken or that any unconditional or irretrievable commitment of resources 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 permit requirements, as applicable, have been completed.
Section 12.08 – 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 in writing.
Section 12.09 – Severability And Validity Of Agreement.
Should the participation of any Member to this Agreement, or any part, term or provision of this Agreement be decided by the courts or the legislature to be illegal, in excess of that Member’s authority, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms or provisions of this Agreement shall not be affected thereby and each Member hereby agrees it would have entered 442255 of 669933
30 into this Agreement upon the same remaining terms as provided herein.
Section 12.10 – Singular Includes Plural.
Whenever used in this Agreement, the singular form of any term includes the plural form and the plural form includes the singular form.
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 abovewritten.
SIGNATURE LINES
CITY OF SANTA ROSA SONOMA COUNTY WATER AGENCY
By: By:
Name: Name:
Title: Title:
Date: Date:
COUNTY OF SONOMA CITY OF ROHNERT PARK
By: By:
Name: Name:
Title: Title:
Date: Date:
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31 TOWN OF WINDSOR
By:
CITY OF COTATI
By:
Name: Name:
Title: Title:
Date: Date:
SONOMA RESOURCE
CONSERVATION DISTRICT
By:
Name:
Title:
Date:
CITY OF SEBASTOPOL
By:
Name:
Title:
Date:
GOLD RIDGE RESOURCE
CONSERVATION DISTRICT
By:
Name:
Title:
Date:
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32 EXHIBIT A
MEMBERS
City of Cotati
City of Rohnert Park
City of Santa Rosa
City of Sebastopol*
Town of Windsor
Sonoma Resource Conservation District
Gold Ridge Resource Conservation District
Sonoma County Water Agency
County of Sonoma
* Member added on August 8, 2019 pursuant to Section 5.03 of JPA. 442288 of 669933
33 EXHIBIT B
Advisory Committee to the Agency Board
The purpose of the Advisory Committee is to provide input and recommendations to the Agency Board on groundwater sustainability plan development and implementation and GSA policies. The intent of the committee is to provide community perspective and participation in the GSA.
The Advisory Committee will review and/or provide recommendations to the Agency Board on groundwater-related issues that may include:
• Development, adoption or amendment of the GSP
• Sustainability goals and objectives
• Best management practices
• Monitoring programs
• Annual work plans and reports (including mandatory 5-year milestone reports) • Modeling scenarios
• Inter-basin coordination activities
• Projects and management actions to achieve sustainability • Community outreach
• Local regulations to implement SGMA
• Fee proposals
• General advisory
The Advisory Committee will not be involved in the Agency budget or day-to-day operations, such as personnel staffing or contracting.
Membership
Composition of the Advisory Committee is intended to represent the beneficial uses and users of groundwater identified in the Sustainable Groundwater Management Act.
Committee members may not serve concurrently on the Agency Board. Members must live or work within the Santa Rosa Plain Groundwater Basin or represent an organization with a presence in Santa Rosa Plain Groundwater Basin identified by the Department of Water Resources current Bulletin 118. Committee membership is based on the interest group and Mmember agency designations described below. Notwithstanding the foregoing, the Board may choose to appoint one of the interest-based members of the Advisory Committee from outside the Bulletin 118 Basin, provided such member resides, works or represents an organization with a presence in the watershed which contributes to the Basin.
Each Member of the Agency, as well as the MWC/PUCRs, will appoint a representative from staff or the community to the Advisory Committee, for a total of ten members:
1. City of Santa Rosa
2. Town of Windsor
3. City of Rohnert Park
4. City of Cotati
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34 5. City of Sebastopol
6. Sonoma County
7. Sonoma County Water Agency
8. Sonoma Resource Conservation District
9. Gold Ridge Resource Conservation District
10. Mutual Water Companies/ PUC-Regulated
The following GSA eligible entities have elected not to participate on the Agency Board but shall hold a seat on the Advisory Committee. These entities, not the Agency Board, will appoint their representatives:
11. Graton Rancheria
The Agency Board will appoint 7 interest-based members:
12. Environmental representative
13. Environmental representative
14. Rural residential well owner
15. Rural residential well owner
16. Business community representative
17. Agricultural interest (surface water or Groundwater user)
18. Agricultural interest (surface water or Groundwater user) Member Appointment
The Agency Board will appoint members to fill the interest-based seats. Interested individuals from the community or local organizations may apply to the Agency Board, designating in the application, the seat that the applicant would intend to fill.
The Agency Board encourages entities and individuals within each interest group to work together to recommend a single candidate to fill that interest’s seat. The Agency Board will give strong consideration to appointing candidates that have the backing of multiple organizations or individuals within that interest group.
The Agency Board encourages candidates with experience and familiarity with groundwater and its management. The Agency Board will also give preference to applicants with experience working with diverse community-based groups.
For one of the rural residential well representatives, the Agency Board will give preference to appointees that can represent the interests of disadvantaged populations or interests that are otherwise under-represented on the Advisory Committee.
For agricultural representatives, preference will be given for diversity between surface and groundwater reliance for agricultural operations.
Application Timeline
The Agency Board will establish a timeline and process for appointment of the initial Advisory Committee following Agency formation. In subsequent years, applicants will submit an application and statement of interest for vacant seats to the Agency Board by October 1 of the year prior to the beginning of the term for that seat. The GSA will post applications on its web site. At-large appointments from Members will be due to the Agency Board by November 1. The GSA governing board will appoint interest-based 443300 of 669933
35 committee members at its final meeting of each calendar year as necessary. Terms will commence in January of the subsequent year.
Advisory Committee Member Terms
The initial Advisory Committee appointments will include seats with three-year terms (interest-based categories) and two-year terms (eligible entity appointees). Following initial committee appointment, all member terms will be two years. Advisory Committee Members are not term-limited; however, interest-based members must apply for each term.
If a vacancy occurs for an interest-based seat before the end of the term, the Agency Board will appoint a new member to complete the term. Vacancies for any of the eligible entity appointees shall be filled by their respective agency.
The Agency Board can remove an interest-based committee member if the member is not performing responsibilities. The Agency Board will appoint alternates if the Board deems alternate committee members necessary. If appointing alternates, the Agency Board will request that the Member agency also provide alternates for eligible entity appointments.
Decision Making and Governing Board Consideration
To inform Agency Board decision-making, the Advisory Committee will provide written recommendations in reports. The recommendations reports will identify areas of agreement and disagreement. The committee will strive for consensus when possible, but reaching consensus is not necessary. Consensus means that everyone can at least “live with it.” When unable to reach consensus on recommendations, the committee will outline the areas in which it does not agree, providing some explanation to inform Agency Board decisionmaking.
The committee may request that one or more committee members present its recommendations to the Agency Board, including areas of agreement and disagreement, consistent with committee deliberations.
Pursuant to Agency Board direction, Agency staff will develop the annual work plan and schedule for committee meetings. The Advisory Committee will adopt a charter and will appoint a Chair and Vice-Chair.
The Agency Board will consider Advisory Committee recommendations when making decisions. If the Agency Board does not agree with the recommendations of the Advisory Committee, the Agency Board shall state the reasons for its decision.
Public Process
All Advisory Committee meetings are subject to the Brown Act and will be open to the public. The GSA will announce committee meetings on its website and through its regular communication channels.
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1639172.2 14384-002
SANTA ROSA PLAIN GROUNDWATER
SUSTAINABILITY AGENCY
BOARD OF DIRECTORS
BYLAWS
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1639172.2 14384-002 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 ................................................................................................................ 2
2.1. COMPOSITION; TERMS; VACANCIES .................................................................................................2
2.2. SOLICITING POLITICAL CONTRIBUTIONS ...........................................................................................3
2.3. DUTIES AND RESPONSIBILITIES .........................................................................................................3
2.4. CONFLICTS OF INTEREST ...................................................................................................................4
2.5. BOARD OFFICERS ..............................................................................................................................4 ARTICLE III ADMINISTRATION ......................................................................................................... 5
3.1. APPOINTED STAFF.............................................................................................................................5
3.2. CONSULTANTS ................................................................................................................................98 ARTICLE IV DIRECTORS’ COMPENSATION AND EXPENSE REIMBURSEMENT ............................... 98
4.1. COMPENSATION .............................................................................................................................98
4.2. REIMBURSEMENT .........................................................................................................................108 ARTICLE V BOARD MEETINGS, GENERAL .................................................................................. 1110
5.1. LOCATION; TIMING .....................................................................................................................1110
5.2. TRANSPARENCY...........................................................................................................................1110
5.3. NOTICE ........................................................................................................................................1210
5.4. QUORUM ....................................................................................................................................1210
5.5. SUBJECT MATTER ........................................................................................................................1210
5.6. CLOSED SESSION .........................................................................................................................1311
5.7. SPECIAL MEETINGS......................................................................................................................1312
5.8. EMERGENCY SPECIAL MEETINGS ................................................................................................1312
5.9. ADJOURNMENT...........................................................................................................................1412
5.10. MINUTES .....................................................................................................................................1413
5.11. LEGALITY OF PROCEEDINGS ........................................................................................................1413
5.12. CONDUCT ....................................................................................................................................1413
5.13. RULES OF ORDER.........................................................................................................................1513
5.14. BOARD ACTION ...........................................................................................................................1514
5.15. ADMINISTRATIVE DECISIONS ......................................................................................................1615 443333 of 669933
1639172.2 14384-002 Page ii
ARTICLE VI BOARD COMMITTEES ............................................................................................. 1715
6.1. GENERALLY..................................................................................................................................1715
6.2. STANDING OR AD HOC COMMITTEES.........................................................................................1715
6.3. ADVISORY COMMITTEE...............................................................................................................1716 ARTICLE VII CODE OF ETHICS .................................................................................................... 2018
7.1. INTEGRITY ...................................................................................................................................2018
7.2. LEADERSHIP.................................................................................................................................2018
7.3. SELFLESSNESS..............................................................................................................................2019
7.4. OBJECTIVITY ................................................................................................................................2019
7.5. ACCOUNTABILITY ........................................................................................................................2019
7.6. OPENNESS ...................................................................................................................................2019
7.7. HONESTY .....................................................................................................................................2119
7.8. RESPECT ......................................................................................................................................2119
7.9. TRAINING ....................................................................................................................................2119
7.10. VIOLATION OF CODE OF ETHICS OR CONDUCT...........................................................................2119 ARTICLE VIII USE OF CONFIDENTIAL INFORMATION ................................................................ 2120
8.1. CONFIDENTIAL INFORMATION; DISCLOSURE .............................................................................2120
8.2. EXCEPTIONS ................................................................................................................................2220
8.3. CRIMINAL LIABILITY.....................................................................................................................2220 ARTICLE IX IMPROPER ACTIVITIES; REPORTING; "WHISTLEBLOWER" PROTECTION................ 2221
9.1. ADMINISTRATOR'S OVERSIGHT RESPONSIBILITY........................................................................2221
9.2. BOARD OVERSIGHT .....................................................................................................................2321
9.3. NON-INTERFERENCE WITH CORRECTIVE ACTION; BOARD INTERVENTION ................................2321
9.4. PROTECTION FROM RETALIATION ..............................................................................................2321 ARTICLE X FAIR AND EQUAL TREATMENT................................................................................. 2321
10.1. NON-DISCRIMINATION................................................................................................................2321
10.2. EQUAL TREATMENT ....................................................................................................................2322
ARTICLE XI PROPER USE AND SAFEGUARDING OF SANTA ROSA PLAIN GSA PROPERTY AND RESOURCES .......................................................................................... 2422 ARTICLE XII INSURANCE ............................................................................................................ 2422
12.1. LIABILITY COVERAGE ...................................................................................................................2422
12.2. WORKERS COMPENSATION ........................................................................................................2422 443344 of 669933
1639172.2 14384-002 Page 1
ARTICLE I
INTRODUCTION
1.1. HISTORY
On September 16, 2014, Governor Edmund G. Brown Jr. signed three bills: AB 1739 by Assemblymember Roger Dickinson and SB 1168 and SB 1319 by Senator Fran Pavley which created a framework for sustainable, local groundwater management for the first time in California history. Collectively, this legislation is known as the Sustainable Groundwater Management Act ("SGMA") and gives power to local agencies (e.g. cities, counties, water districts, and resource conservation districts) to sustainably manage groundwater over the long term and requires them to develop Groundwater Sustainability Plans tailored to their regional economic and environmental needs.
The Santa Rosa Plain sub-basin is designated as a medium-priority groundwater basin as defined by the Department of Water Resources ("DWR") requiring the formation of this Groundwater Sustainability Agency ("GSA"), development of a Groundwater Sustainability Plan ("GSP"), and required groundwater management activities. The service area for the Santa Rosa Plain Groundwater Sustainability Agency ("Santa Rosa Plain GSA") is defined by DWR’s Bulletin 118.
Through a collaborative process, the City of Cotati, City of Rohnert Park, City of Santa Rosa, Town of Windsor, Sonoma Resource Conservation District, Gold Ridge Resource Conservation District, Sonoma County Water Agency, Independent Water Systems and County of Sonoma created the Santa Rosa Plain GSA through a Joint Exercise of Powers Agreement ("JPA Agreement"). Santa Rosa Plain GSA Under the requirements of SGMA, the Santa Rosa Plain GSA is mandated to develop a GSP by January 31, 2022 and must achieve groundwater sustainability within 20 years of plan adoption.
1.2. PURPOSE AND SCOPE
It is the intent of the Santa Rosa Plain GSA Board of Directors ("Santa Rosa Plain GSA Board" or "Board") that the Bylaws facilitate proper conduct of Santa Rosa Plain GSA business. The policy of the Santa Rosa Plain GSA is to maintain the highest ethical standards for its Directors. The proper operation of the Santa Rosa Plain GSA requires that decisions and policies be made within the proper channels of governmental structure, that public office not be used for personal gain, and that Directors remain objective and responsive to the needs of the public they serve. Accordingly, it is the policy of the Santa Rosa Plain GSA that Directors and Santa Rosa Plain GSA employees maintain the highest standard of personal honesty and fairness in carrying out their duties. If all or any portion of these Bylaws or any Santa Rosa Plain GSA policy is in conflict with federal or state law or regulations that apply to the Santa Rosa Plain GSA, said legislation or regulations shall prevail. If any portion of these Bylaws conflicts with the JPA Agreement, the terms of the JPA Agreement shall govern.
1.3. BASIS OF AUTHORITY
(a) The Santa Rosa Plain GSA is a Joint Powers Authority of the City of Cotati, City of Rohnert Park, City of Santa Rosa, City of Sebastopol, Town of Windsor, Sonoma Resource Conservation District, Gold Ridge Resource Conservation District, Sonoma County Water Agency, Independent Water Suppliers and County of Sonoma ("Member Agencies"), authorized by the Joint Exercise of Powers Act (Chapter 5 of Division 7 ofr Title 1 of the 443355 of 669933
1639172.2 14384-002 Page 2
California Government Code) for the express purpose of implementing the SGMA, as set forth in California Water Code Section 10720.1.
(b) The Board is the legislative body, and functions as the Santa Rosa Plain GSA’s policymaking body. It can only function as a unit, where no individual Director has authority with regard to any aspect of Santa Rosa Plain GSA business, except as a member of the collective Board.
ARTICLE II
GOVERNANCE
2.1. COMPOSITION; TERMS; VACANCIES
(a) The Board shall be composed of one Director and one Alternate Director from each of Member Agency's governing body.
(b) Each Member Agency shall elect or appoint one Director and one Alternate Director. Each Member Agency may also appoint one Second Alternate Director. Director and Alternate.
In the event any Director or Alternate or Second Alternate Director is removed, has resigned, or a new appointment has been made, the Member Agency shall notify the Somona ValleySanta Rosa Plain GSA within fifteen (15) days of occurrence. (c) The Alternate Director shall serve and assume the rights and duties of the Director when the Director is unable to attendabsent or recused from a Board meetings or is otherwise incapacitated from carrying out the duties of their office. The Second Alternate Director shall serve and assume the rights and duties of the Director when both the Director and Alternate Director are absent or recused from a Board meeting or are otherwise incapacitated from carrying out the duties of their office. The Second Alternate Director shall be limited to attending no more than two (2) Board meetings during any calendar year.
(d) Directors, and Alternates, and Second Alternate Directors shall serve at the pleasure of their Member Agency's governing body. Directors may be removed at any time, with or without cause, at the sole discretion of their Member Agency's governing body. The roles and qualifications of Directors, Alternates, and Second Alternate Directors are subject to any other applicable provisions of the JPA Agreement.
(e) Except in cases of removal by their Member Agency's governing body or resignation, Directors shall hold office until their successor is selected and the Santa Rosa Plain GSA has been notified of the succession. In cases of removal or resignation, the position shall be vacant until the Member Agency appoints a new Director. At the Member Agency's election, the Member Agency may designate their Alternate Director to automatically fill any such vacancy or alternatively may keep their position on the Board until such time as their governing body elects or appoints a new Director. (f) If the Member Agency's governing body fails to fill a vacancy within ninety (90) days, the Santa Rosa Plain GSA Board may appoint someone to fill the vacancy according to these procedures:
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(i) The Santa Rosa Plain GSA Board shall post notice of its intent to fill the vacancy by appointment for no less than fourteen (14) days and solicit interested parties to submit applications.
(ii) At its first regularly scheduled meeting or special meeting following the minimum notice period, the Santa Rosa Plain GSA Board shall consider all applicants to fill the vacancy unless the Member Agency has acted to fill the vacancy in the interim. The Santa Rosa Plain GSA may reject all applicants and continue to hold the position vacant.
(iii) If the Santa Rosa Plain GSA Board falls below a quorum by reason of a vacancy, a majority of the remaining Directors may waive the ninety-(90) day period and appoint immediately. Under these circumstances, the Board shall only fill enough vacancies to provide a quorum. Seats with the longest vacancy will be filled first. (iv) Board appointees shall hold office through the unexpired balance of the term of office or until the Member Agency's governing board body appoints a replacement of the Santa Rosa Plain GSA's appointee.
(g) In serving on the Santa Rosa Plain GSA 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 Santa Rosa Plain GSA as a whole.
2.2. SOLICITING POLITICAL CONTRIBUTIONS
(a) Directors shall not solicit political funds or contributions at Santa Rosa Plain GSA facilities or at times and places where Santa Rosa Plain GSA business is being conducted, and Directors shall not accept, solicit or direct a political contribution from:
(i) Santa Rosa Plain GSA 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 Santa Rosa Plain GSA.
(b) Directors shall not use the Santa Rosa Plain GSA’s logo, trademark, stationery or other indicia of the Santa Rosa Plain GSA’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 Santa Rosa Plain GSA in accordance with these Bylaws.
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(d) The Board shall monitor Santa Rosa Plain GSA's progress in attaining its goals and objectives, while pursuing its mission.
(e) The Board shall establish goals, objectives, expectations, and measurement criteria for the Administrator’s performance.
(f) For the benefit of operational efficiency, Directors shall direct all requests for information to the Administrator. If the Administrator'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. (g) 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. (h) Directors shall not individually commit the Santa Rosa Plain GSA to any policy, act, or expenditure without prior Board approval nor give direction to the Administrator, staff, contract personnel or consultants without prior Board approval. (i) Directors shall abide by the provisions of the Ralph M. Brown Act, Government Code section 54950, et seq. (“Brown Act”), by only exercising their authority during duly noticed public meetings.
(j) Directors shall not delegate his or hertheir 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.
2.4. CONFLICTS OF INTEREST
Directors shall abide by the Santa Rosa Plain GSA Conflict of Interest Code.
2.5. BOARD OFFICERS
(a) With the exception of certain matters specified in the JPA Agreement and where the law requires a supermajority (two-thirds or greater) or unanimous vote, affirmative votes of a majority (51% or greater) of Directors are required for the Board to act on any matter. (b) Commencing January 1, 2019, Directors shall elect a Chairperson and Vice-Chairperson of the Board, which Officers shall hold office according to the term duration prescribed in Section 6.04 of the JPA Agreement. Terms shall commence on January 1 and Directors 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 oOfficer becomes vacant, and the Board shall elect a new Officer from existing Board members to serve the remaining Officer term. 443388 of 669933
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(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 Santa Rosa Plain GSA business in sufficient time to participate in discussions and decisions in an informed manner.
(f) The Chairperson, or his or hertheir designee, shall execute Santa Rosa Plain GSA documents, as directed by the Board.
(g) On occasion, the Board will delegate to the Chairperson or to his or hertheir designee, authority to represent the Santa Rosa Plain GSA 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. If both the Chairperson and Vice-Chairperson are absent, the Secretary calls the meeting to order and acts as Chairperson until the remaining Directors select one of themselves to act as the presiding officer until such time as either the Chairperson or the Vice-Chairperson is able to assume its their respective responsibilities.
(i) In order to present a positive image to the public, customers, and residents, Directors should strive to maintain a professional appearance while performing their duties as Directors.
ARTICLE III
ADMINISTRATION
3.1. APPOINTED STAFF
Appointed Staff includes the Administrator of the Santa Rosa Plain GSA, the Secretary of the Board, Legal Counsel, and the Auditor who is appointed by the Board and reports to the Board as a whole.
(a) Administrator
(i) The Administrator shall be appointed by the Board of Directors and serve at its pleasure. The Administrator is the chief executive officer of the Santa Rosa Plain GSA, and carries out Board policies, directs Santa Rosa Plain GSA operations, provides daily supervision to Santa Rosa Plain GSA staff, controls Santa Rosa Plain GSA expenditures, and ensures conformance with Santa Rosa Plain GSA policies. Based on the delegation of authority made by the Member Agencies in the JPA Agreement and the Board under these Bylaws, the Administrator shall have the following responsibilities and has the authority to:
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(A) Make and carry out day-to-day management decisions. (B) Employ, compensate, terminate, assign duties to, and direct the daily activities of all Santa Rosa Plain GSA employees.
(C) Provide day-to-day directions and guidance to, but not appoint or dismiss, Santa Rosa Plain GSA Legal Counsel, Auditor, and other Board appointees.
(D) Prepare Santa Rosa Plain GSA employee job classifications and, descriptions 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 Santa Rosa Plain GSA. (F) Manage Santa Rosa Plain GSA financial operations including overseeing Santa Rosa Plain GSA's investments and ensure conformity with the Santa Rosa Plain GSA's Investment Policy.
(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 Santa Rosa Plain GSA’s annual budget, provided there are sufficient budgetary appropriations within the Operations and Maintenance budget and the Capital Improvement Projects budget.
(J) Expend non-budgeted funds to meet an Emergency. An Emergency is defined as any circumstance which directly or potentially adversely affects the ability of the Santa Rosa Plain GSA to perform its services, which puts Santa Rosa Plain GSA personnel or property in jeopardy, or which may jeopardize public health or property of the community or its residents or essential municipal services. The Administrator 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 Administrator shall seek ratification of the decisions made. (K) Solely sign Santa Rosa Plain GSA checks and/or claims requests in the amount of ten thousand dollars ($10,000) or less. Any amount over ten thousand dollars ($10,000) requires the signatures of the Administrator and the Chairperson or the Chairperson’s designee. In the event the 444400 of 669933
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Administrator is unavailable to sign checks, checks of any amount require the signatures of two Directors, one of which shall be the Chairperson.
(L) Execute time and cost Change Orders.
(M) Appoint a Deputy Secretary, if the Board appoints the Administrator as Board Secretary. The Deputy Secretary shall assist the Administrator, acting as Board Secretary, to fulfill the duties set forth in Section 3.1(b) and may act in the Board Secretary's place in his or hertheir absence. (N) Prepare, sign, and transmit written correspondence on behalf of the Santa Rosa Plain GSA, including public comment letters and letters of support or opposition, provided that such correspondence is consistent with and advances the Santa Rosa Plain GSA’s sustainability goals in the GSP, other GSA policies, and applicable law, including SGMA. The Administrator’s preparation, signing, or transmittal of written correspondence will comply with the following:
(1) Routine administrative correspondence. The Administrator is authorized to prepare, sign, and transmit routine administrative correspondence without prior approval of the Board when the correspondence is consistent with and advances prior Board direction, the GSP, SGMA, or other applicable law. Routine administrative correspondence may include, but is not limited to, comments on general plans and development proposals to recommend consistency with the GSP, permit review and
interagency coordination letters, and letters of support for grant or funding applications that support implementation of the GSP.
(2) Non-routine/policy correspondence. For correspondence that seeks to establish or communicate a policy position of the Santa Rosa Plain GSA on a matter where the Board has not given prior direction, or addresses matters where the GSP does not provide clear guidance, the Administrator shall obtain approval by a majority vote of the Board prior to transmitting the
correspondence.
(1)(3) Time-sensitive approvals. If the Administrator determines that non-routine/policy correspondence described in subsection (2) is time-sensitive and cannot reasonably be deferred to the next regular meeting of the Board, then the Chairperson, or ViceChairperson in the event that the Chairperson is unavailable, may approve the Administrator’s transmittal of the
correspondence in writing, provided that the Administrator shall disclose the correspondence and provide a copy of the final transmitted correspondence to the Board at the next 444411 of 669933
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regular meeting, and the final transmitted correspondence shall be included in the agenda packet. This subsection (3) shall not authorize the Administrator to take any action that is within the sole discretion and authority of the Board pursuant to these Bylaws and the JPA Agreement.
(ii) Terms and conditions of the Administrator’s employment shall be specified in an employment agreement between the Administrator and the Board 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 Santa Rosa Plain GSA office. (ii) Maintain accurate, up-to-date records of Santa Rosa Plain GSA documents in a safe location.
(iii) Post all legal notices.
(iv) Receive all correspondence or documents addressed to the Board, and serve as the Santa Rosa Plain GSA’s agent for receipt of subpoenas, petitions or other legal documents that are served on the Santa Rosa Plain GSA.
(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
Legal Counsel shall be a law firm (or consortium of member agencies' legal counsel – represented by a uniform voice) that is appointed by and reports to the Board. Legal Counsel shall have an attorney-client relationship with the Board, not with any individual Director or Santa Rosa Plain GSA employee or contractor. Legal Counsel shall represent the Board on all legal matters pertaining to the operation, maintenance, legal compliance, and other business of the Santa Rosa Plain GSA. Legal Counsel shall take direction from 444422 of 669933
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the Board, and the Administrator consistent with implementation of the direction of the Board.
(d) Auditor
Auditor shall be a certified audit firm that is appointed by and reports to the Board.
Auditor shall annually conduct an audit of the Santa Rosa Plain GSA and prepare an annual audit report. Auditor shall be rotated on a periodic basis and under no circumstances audit the Santa Rosa Plain GSA for more than five (5) consecutive years.
For any period in which the Santa Rosa Plain GSA uses the County Treasury as provided under Water Code section 10730(d), the Auditor shall annually conduct an audit of the Santa Rosa Plain GSA and prepare an annual audit report, or alternatively review the Santa Rosa Plain GSA's finances in another manner consistent with Government Code section 26909, et seq.
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 Administrator.
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) Santa Rosa Plain GSA 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 Santa Rosa Plain GSA, 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) Director of the Santa Rosa Plain GSA 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.
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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 Santa Rosa Plain GSA. 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 General Services Administration 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 Santa Rosa Plain GSA 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 General Services AdministrationIRS) for use by the Directors of privately owned vehicles in the conduct of Santa Rosa Plain GSA business.
(v) Overnight Accommodations. No reimbursement claim or request for overnight accommodations will be approved for expenses incurred within the Santa Rosa Plain GSA’s service area, except upon approval of the Board. Reasonable accommodation expenses as established by the General Services Administration 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.
(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 444444 of 669933
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the California Constitution, will not be reimbursed or accepted by the Santa Rosa Plain GSA.
(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 Santa Rosa Plain GSA 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 Santa Rosa Plain GSA if it occurs after the Director has announced his or hertheir 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
Regular meetings of the Board shall be held at the times and places established annually by Resolution. The Board shall adopt the regular meeting schedule for the ensuing fiscal year no later than the first regular meeting of each fiscal year, or at such other time as the Board may determine, and may amend the schedule from time to time by Resolution. Unless otherwise specified by the annual Resolution, Aall meetings of the Board shall be held in the City of Santa Rosa’s Utility Field Office, 35 Stony Point Road, Santa Rosa, CA 95401, unless it is anticipated that the number of public expected to attend would exceed the capacity of the facility or the facility is unavailable. In such case, another facility within the Santa Rosa Plain GSA may be used. Regular meetings of the Board shall be held on the second Thursday of each calendar month, except if the second Thursday coincides with a legal holiday, the regular meeting will be adjourned to a specified time and location. Unless otherwise specified by the annual Resolution or subsequent Resolutions, regular Board meetings shall commence at 1:00 p.m. Pacific Time. If the noticed meeting location becomes unavailable or impracticable, the Administrator, in consultation with the Chairperson, may relocate that meeting to an alternate location within the Santa Rosa Plain GSA service area or the service area of one of the Member Agencies, provided that notice is given in compliance with the Brown Act.Regular Board meetings shall commence at 1pm local time.
5.2. TRANSPARENCY
(a) The Board shall conduct the business of the Santa Rosa Plain GSA at meetings in conformance with the provisions of the Brown Act. All meetings of the Board, Standing Committees, and Advisory Committees shall be open to the public, except for closed sessions held in accordance with the Brown Act.
(b) The Board Chairperson and the Administrator 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. 444455 of 669933
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5.3. NOTICE
(a) Regular meetings require posting of the agenda a minimum of seventy-two (72) hours in advance and written notification to the Board, Santa Rosa Plain GSA Counsel, the local news media, and to any person requesting notice.
(b) The agenda must contain a brief general description of each item to be acted upon or discussed during the meeting.
5.4. 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 Santa Rosa Plain GSA.
5.5. SUBJECT MATTER
(a) The Administrator, in cooperation with the Board Chairperson, shall prepare an agenda for each meeting of the Board and for all Standing Committee meetings. The Administrator 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. (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 in the Santa Rosa Plain GSA foyer 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 City of Santa Rosa’s Utility Field Office, 35 Stony Point Road, Santa Rosa, CA 95401 and on the GSA’s website. The Santa Rosa Plain GSA 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 materials 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
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(vi) Advisory Committee Report
(vii) Public Presentations, Hearings and Workshops
(viii) General Business (Old/New Business)
(ix) Administrator and Operational Reports
(x) Closed Session
(xi) Reconvene in Open Session
(xii) Public Comments
(xiii) Request for Future Agenda Items
(xiv) Adjournment
5.6. CLOSED SESSION
At times during Board meetings, the Board may adjourn into closed session to discuss personnel matters, real estate negotiations, existing or anticipated litigation, or other matters as specified in the exceptions set forth in the Brown Act. Appropriate agenda descriptions are also required for closed session items.
5.7. SPECIAL MEETINGS
Special meetings of the Board may be called by the Board Chairperson or a majority of the Board.
Special meetings shall be held in compliance with the Brown Act, including by providingNotice of at least twenty-four (24) hours’ notice describing is required for a special meeting, and must describe the business to be transacted or discussed. All appropriate notices required by the Brown Act shall be posted.
5.8. EMERGENCY SPECIAL MEETINGS
(a) In the event of an emergency situation where prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold an emergency special meeting without complying with the twenty-four (24) hour notice required for special meetings of the Board. An emergency situation means a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of members of the Board. The Administrator, the Chairperson of the Board, or the Vice-Chairperson in the absence of the Chairperson, may determine that there is sufficient evidence to determine that an emergency exists and give notice of an emergency special meeting.
(b) Newspapers of general circulation in the Santa Rosa Plain GSA, radio stations, and television stations which have requested notice of special meetings in accordance with the Brown Act shall be notified at least one (1) hour prior to the emergency special meeting.
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(i) In the event that telephone services are not functioning, the one-(1) hour notice requirement is waived, but the Administrator, or his or hertheir designee, shall notify such newspapers, radio stations, or television stations of the holding of the meeting, and of any action taken by the Board, as soon after the meeting as possible.
(ii) During a crippling disaster, mass destruction, terrorist act, or planned terrorist activity that poses peril so immediate and significant that requiring one-(1) hour notice before holding an emergency meeting may endanger public health, safety, or both, notice shall be given by telephone to the news media at or near the time that the Board Chairperson or his their designee notifies the Directors of the need for an emergency meeting.
(c) All rules governing special meetings shall be observed with the exception of the twentyfour-(24) hour notice. The minutes, a list of persons the Administrator or designee notified or attempted to notify, a copy of the roll call vote(s), and any actions taken at such meeting shall be posted for a minimum of ten (10) days in the City of Santa Rosa’s Utility Field Office, 35 Stony Point Road, Santa Rosa, CA 95401 as soon after the meeting as possible.
5.9. 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 Administrator may declare the meeting adjourned to a stated time and place, and he or shethe Administrator shall cause a written notice of adjournment to be provided to the Board, Santa Rosa Plain GSA Counsel, and the local news media and also posted at the places specified in Section 5.5(c), above.
5.10. 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. Anyone wishing more information about a meeting shall be encouraged to listen to the recording made of each meeting. 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. An audio recording shall be made of all regular and special meetings of the Board and shall be retained for thirty (30) days from the date of recording.
5.11. 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.
5.12. CONDUCT
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(a) Meetings of the Board shall be conducted by the Chairperson in a manner consistent with the policies of the Santa Rosa Plain GSA.
(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) In accordance with the Brown Act, Tthe 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.
5.13. RULES OF ORDER
(a) The latest edition of Robert's Rules of Order, Revised shall be an advisory guideline for meeting protocol. Santa Rosa Plain GSA 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 shethat Director 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. (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.
5.14. 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 VII of the JPA 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 444499 of 669933
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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 Santa Rosa Plain GSA's Joint 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 Santa Rosa Plain GSA policies and regulations concerning the services provided by the Santa Rosa Plain GSA, adoption of rates and charges for Santa Rosa Plain GSA services, 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 Santa Rosa Plain GSA facilities; and
(ii) Approval or rejection of proposals to commit Santa Rosa Plain GSA funds or facilities, including employment and dismissal of personnel; and (iii) Approval or disapproval of non-emergency matters which require or may require the Santa Rosa Plain GSA or its employees to take action and/or provide services; and
(iv) Direction given to the Administrator 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 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 Santa Rosa Plain GSA. (iii) An “Ordinance” means a local law. It prescribes a rule of conduct prospective in operation, applicable generally to persons and things subject to the jurisdiction of the Santa Rosa Plain GSA.
5.15. 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.
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(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 Santa Rosa Plain GSA affecting the subject matter of an appeal. The purpose of these Code sections is to ensure efficient administration of the Santa Rosa Plain GSA 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 Santa Rosa Plain GSA 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 Authority. 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. (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 Santa Rosa Plain GSA Directors may serve as members of Standing Committees. Standing Committee meetings are held in the City of Santa Rosa’s Utility Field Office, 35 Stony Point Road, Santa Rosa, CA 95401, unless a special need arises to meet elsewhere within Santa Rosa Plain GSA boundaries, and shall be properly noticed under the provisions of the Brown Act.
6.3. ADVISORY COMMITTEE
(a) Purpose
(i) The purpose of the Aadvisory Ccommittee is to advise the Board on groundwater sustainability plan development and implementation and GSA policies. The intent of the committee is to provide community perspective and participation in the GSA. The Advisory Committee will review and/or provide recommendations to the GSA Board on groundwater-related issues that may include:
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(A) Development, adoption or amendment of the GSP;
(B) Sustainability goals, measurable thresholds, and objectives; (C) Technical and Reporting Standards, including Best Management Practices, data management and reporting;
(D) Monitoring programs;
(E) Annual Work Plans and Reports (including mandatory 5-year milestone reports);
(F) Modeling activities;
(G) Inter-basin coordination activities;
(H) Project and Management Actions;
(I) Grant funding proposals;
(J) Community outreach;
(K) SGMA Regulations; and
(L) Fee proposals.
(b) Composition
(i) The Aadvisory Ccommittee shall have twelve eighteen (128) members based on the interest group and member agency designations described below:
(A) Member Agencies shall each appoint one (1) at-large member; and (A)(B) One (1) at-large member shall be appointed by the Federated Indians of Graton Rancheria; and
(B)(C) Six Seven (67) interest-based appointees shall be appointed by the Board:
(1) Two (2) Eenvironmental representatives (from an organization with a presence in the Basin);
(2) Two (2) Rrural residential well owners;
(3) One (1) Bbusiness community representative; and
(4) Two (2) Aagricultural interests (surface water or groundwater user);
(5) At-large community representative (hydrologist/geologist preference); and
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(6)(4) At-large community representative.
(ii) The Board shall appoint members to fill the interest-based seats based on applications to the Board made by interested individuals from the community or local organizations.
(A) The Board encourages interest groups to work together to recommend a single candidate to fill that interest’s seat.
(B) The Board will give strong consideration to appointing candidates that have the backing of multiple organizations or individuals within that interest group and familiarity with groundwater and its management.
The Board will also give preference to applicants with experience working with diverse community-based groups.
(C) For the at-largeinterest-based community representatives, the GSA bBoard will give strong preference to applicants who live or work within a Disadvantaged Community (as defined in SGMA), and to applicants that can represent the interests of disadvantaged populations or interests that are otherwise under-represented on the Advisory Committee. (iii) The Board will establish a timeline and process for appointment of the initial Aadvisory Ccommittee following GSA formation. The initial Advisory Committee appointments will include six seven (67) seats with three-year terms (interestbased categories) and six eleven (611) seats with two-year terms (at-large).
Following initial committee appointment, all terms will be two (2) years. (iv) Appointees are not term-limited; however, they must apply for each term. (v) If a vacancy occurs for an interest-based seat before the end of the term, the Board will appoint a new individual to complete the term. At-large vacancies shall be filled by the appointing Member.
(vi) By supermajority vote, the Board may add one or more additional interest-based appointee positions to the Advisory Committee.
(vii) The Board can remove an interest-based committee member by vote if the member is not performing their responsibilities as described in the Advisory Committee Charter.
(c) Committee Work
(i) Pursuant to Board direction, GSA staff will develop the annual work plan and schedule for committee meetings. The Advisory Committee shall adopt a charter and appoint a chairperson and vice-chairperson.
(ii) To inform Board decision-making, the Advisory Committee shall provide written recommendations in reports. The recommendation reports shall identify areas of agreement and disagreement. The committee shall strive for consensus when 445533 of 669933
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possible, but reaching consensus is not necessary. Consensus means that everyone can at least “live with it.” When unable to reach a consensus on recommendations, the committee will outline the areas in which it does not agree, providing some explanation to inform Board decision-making. (iii) The committee may request that one or more committee members present its recommendations to the Board, including areas of agreement and disagreement, consistent with committee deliberations.
(iv) The Board shall consider Aadvisory Ccommittee recommendations when making decisions. The Board is not bound by the Advisory Committee recommendations, and shall exercise its independent judgment. If the governing bBoard does not agree with the recommendations of the Advisory Committee, the governing bBoard shall state the reasonings for its decision.
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 hertheir duties.
7.2. LEADERSHIP
A Director has a duty to promote and support the key principles in this code of ethics by leadership and example, and to maintain and strengthen the public’s trust and confidence in the integrity of the Santa Rosa Plain GSA.
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 Santa Rosa Plain GSA 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
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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 hertheir public duties and take steps to resolve any conflicts arising in such a way that protects the public's interest, and/or recuse or /disqualify himself or herselfthemselves 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 and the Administrator 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.
The Board Secretary or Deputy Secretary shall transmit proof of compliance with the required ethics and sexual harassment training to the Administrator and the Administrator shall maintain the records of compliance.
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 Santa Rosa Plain GSA.
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 445555 of 669933
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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, is exempted from disclosure, 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 Santa Rosa Plain GSA attorneyLegal Counsel or a grand jury concerning a perceived violation of law, including disclosing facts to a Santa Rosa Plain GSA attorneyLegal Counsel or a grand jury that are necessary to establish the alleged unlawfulness of an action taken by the Santa Rosa Plain GSA, an elected official or employee; or (ii) expressing publicly an opinion concerning the propriety or lawfulness of any action taken or considered by the Santa Rosa Plain GSA 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) Notwithstanding the authorized disclosure categories in Prior to disclosing confidential information pursuant to (i)-(iii), above, Directors shall first bring theprovide notice of the matter to the attention of Legal Counsel, the Administrator, and the Chairperson in writing and at the earliest reasonable opportunity, prior to making such disclosure. , or the full Board to provide the Board an opportunity to cure If the matter involves an alleged violation of any applicable law, regulation, or policy relating to an action or omission by the Santa Rosa Plain GSA, a Director, or GSA employee, the Director seeking to disclose such matter , unless doing so would itself constitute a violation of law, court order, or any other statutory obligationshall allow thirty (30) days after delivery of the written notice for Legal Counsel and/or the Board to respond and, if appropriate, to cure the alleged violation, before making any disclosure. This subsection (b) shall not apply if compliance therewith 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 hertheir 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. ADMINISTRATOR'S OVERSIGHT RESPONSIBILITY
The Administrator has primary responsibility for (1) ensuring compliance with the Santa Rosa Plain GSA’s Personnel Manual, and ensuring that Santa Rosa Plain GSA employees do not engage in improper activities, (2) investigating allegations of improper activities and reporting these 445566 of 669933
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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 Administrator is operating the Santa Rosa Plain GSA according to law and the policies approved by the Board. Directors are encouraged to fulfill their obligation to the public and the Santa Rosa Plain GSA by disclosing to the Administrator, 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 Administrator’s responsibilities in identifying, investigating and correcting improper activities, unless the Board determines that the Administrator is not properly carrying out these responsibilities and further determines to take additional actions as it deems appropriate to protect the Santa Rosa Plain GSA and the public interest.
9.4. PROTECTION FROM RETALIATION
A Director shall not directly or indirectly use or attempt to use the authority or influence of his or hertheir 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 Administrator orf the Board any information that, if true, would constitute: a work-related violation by a Director or Santa Rosa Plain GSA employee of any law or regulation; gross waste of Santa Rosa Plain GSA funds; gross abuse of authority; a specified and substantial danger to public health or safety due to an act or omission of a Santa Rosa Plain GSA official or employee; use of a Santa Rosa Plain GSA office or position or of Santa Rosa Plain GSA resources for personal gain; or a conflict of interest of a Santa Rosa Plain GSA Director or Santa Rosa Plain GSA employee.
A Director shall not use or threaten to use any official authority or influence to effect any action as retaliation against a Santa Rosa Plain GSA Director, Santa Rosa Plain GSA employee, or member of the public who reports or otherwise brings to the attention of the Administrator 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
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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 SANTA ROSA PLAIN GSA PROPERTY AND RESOURCES The California Constitution prohibits a Director from making a “gift of public funds” by utilizing or permitting the use of Santa Rosa Plain GSA owned vehicles, equipment, telephones, materials or property for his or hertheir personal benefit or for the benefit of third parties without legal authorization. A Director will not ask or require a Santa Rosa Plain GSA employee to perform services for the personal benefit or profit of a Director. Each Director must protect and properly use any Santa Rosa Plain GSA asset within his or hertheir control, including information recorded on paper or in electronic form. Directors will safeguard Santa Rosa Plain GSA 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 Santa Rosa Plain GSA maintains Public Officials Errors and Omissions Liability coverage that insures the Santa Rosa Plain GSA’s Board and Officers against claims made against them for “breach of duty” occurring through negligence, error or unintentional omission in the performance of their official duties. However, Directors may be personally responsible for a willful misconduct or a willful breach of Santa Rosa Plain GSA Policies and Procedures.
12.2. WORKERS COMPENSATION
To the extent required by law, the Santa Rosa Plain GSA shall maintain worker's compensation insurance or its lawful equivalent at the statutory limit. Prior to the hiring of any employees, the Santa Rosa Plain GSA shall also procure Employer’s Liability Coverage, and shall maintain such coverage for so long as the Santa Rosa Plain GSA has employees. 445588 of 669933
RESOLUTION NO. (XX)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING
THE AMENDED AND RESTATED JOINT POWERS AGREEMENT AND
AMENDED BY-LAWS OF THE SANTA ROSA PLAIN GROUNDWATER
SUSTAINABILITY AGENCY
WHEREAS, the Santa Rosa Plain Groundwater Sustainability Agency (“SRPGSA") is a joint powers agency formed pursuant to the Joint Exercise of Powers Act, Cal. Gov. Code § 6500 et seq., and a Joint Powers Agreement effective on May 25, 2017 (“JPA Agreement"); and WHEREAS, the SRPGSA is also governed by by-laws that were approved by the SRPGSA Board of Directors (‘Board") on February 8, 2018, which facilitate the governance and administration of the SRPGSA (“By-laws"); and
WHEREAS, Section 12.02 of the JPA Agreement provides that the JPA Agreement may be amended by the unanimous consent of the SRPGSA's member agencies acting through the members' governing bodies; and
WHEREAS, Section 7.06 of the JPA Agreement provides that the By-Laws may be amended by a supermajority vote of the Board; and
WHEREAS, with feedback and coordination of the SRPGSA's member agencies, SRPGSA staff and legal counsel identified and proposed certain updates to the JPA Agreement and By-Laws to improve efficiency and clarity for the governance and administration of the SRPGSA; and
WHEREAS, the proposed amended JPA Agreement and By-Laws have been approved by the SRPGSA Board (Resolution 003-2026, which includes the edits in redline) and is now with the governing bodies of SRPGSA members for approval to effectuate the amended JPA agreement; and
WHEREAS, a clean version of the proposed JPA Agreement, as amended, is attached as Exhibit A to this resolution; and
WHEREAS, 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.
NOW THEREFORE BE IT RESOLVED, that the City Council finds that:
1. All recitals are true and correct.
2. The City Council hereby approves the Amended and Restated Joint Powers Agreement of the Santa Rosa Plain Groundwater Sustainability Agency, attached as Exhibit A.
3. The Mayor or the City Manager are authorized to sign the JPA Agreement on behalf of the City.
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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 October 13, 2026, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, City Clerk
Approved as to form:______________________________
City Attorney
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AMENDED AND
RESTATED
JOINT EXERCISE OF
POWERS AGREEMENT
of the
SANTA ROSA PLAIN
GROUNDWATER
SUSTAINABILITY AGENCY
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TABLE OF CONTENTS
Page
RECITALS .............................................................................................................................1 AGREEMENT TERMS...................................................................................................................2 Article I Definitions...........................................................................................................2 Section 1.01 – Definitions....................................................................................................2 Article II Agency Cration ...................................................................................................4 Section 2.01 – Purpose of the Agency.................................................................................4 Section 2.02 – Purpose of the Agency.................................................................................4 Article III Term ....................................................................................................................4 Section 3.01 – Term.............................................................................................................4 Article IV Powers.................................................................................................................5 Section 4.01 – Powers..........................................................................................................5 Section 4.02 – Exercise of Powers.......................................................................................6 Section 4.03 – Water Rights and Consideration of all Beneficial Uses and Users of Groundwater in the Basin........................................................................7 Section 4.04 – Preservation of Powers. ...............................................................................7 Section 4.05 – Coordination between Basins. .....................................................................7 Section 4.06 – Agreement with MWC/ PUCRs...................................................................7 Section 4.07 – Public Meeting for Periodic Review of Agreement.....................................8 Article V Membership ........................................................................................................8 Section 5.01 – Menbers........................................................................................................8 Section 5.02 – Ex Officio Members. ...................................................................................8 Section 5.03 – New Members..............................................................................................9 Article VI Directors and Officers.......................................................................................10 Section 6.01 – Board of Directors......................................................................................10 Section 6.02 – Directors and Alternates. ...........................................................................10 Section 6.03 – Officers of the Board. ................................................................................11 Section 6.04 – Appointment of Officers of the Board.......................................................11 Article VII Board Meetings and Actions.............................................................................11 Section 7.01 – Initial Meeting............................................................................................11 Section 7.02 – Regular Meeting Schedule.........................................................................11 Section 7.03 – Conduct of Board Meetings.......................................................................12 446622 of 669933
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Section 7.04 – Quorum. .....................................................................................................12 Section 7.05 – Voting. .......................................................................................................12 Section 7.06 – Supermajority Voting Requirement...........................................................12 Section 7.07 – Unanimous Voting Requirement. ..............................................................13 Article VIII Board Committees.............................................................................................13 Section 8.01 – Committees of the Board. ..........................................................................13 Section 8.02 – Advisory Committee..................................................................................13 Article IX Operations and Management. ...........................................................................13 Section 9.01 – Administrator and Plan Manager...............................................................13 Section 9.02 – Legal Counsel and Other Officers. ............................................................14 Section 9.03 – Employees and Management. ....................................................................14 Section 9.04 – Principal Office..........................................................................................14 Section 9.05 – Bylaws........................................................................................................14 Section 9.06 – Official Seal and Letterhead. .....................................................................15 Section 9.07 – Conflict of Interest Code............................................................................15 Article X Financial Provisions..........................................................................................15 Section 10.01 – Establishment of Funds............................................................................15 Section 10.02 – Initial Agency Funding Commitments.....................................................15 Section 10.03 – Fiscal Year. ..............................................................................................17 Section 10.04 – Treasurer and Annual Audit.....................................................................17 Section 10.05 – Funds; Property; Bonds. ..........................................................................17 Section 10.06 – Budget......................................................................................................18 Section 10.07 – Payments To The Agency........................................................................18 Article XI Relationship of Agency And Its Members........................................................18 Section 11.01 – Separate Entity.........................................................................................18 Section 11.02 – Liabilities. ................................................................................................18 Section 11.03 – Indemnity and Insurance..........................................................................18 Section 11.04 – Agreements With Member Agencies.......................................................19 Section 11.05 – Withdrawal of Members. .........................................................................19 Section 11.06 – Termination of Members. ........................................................................19 Section 11.07 – Continuing Obligations upon Withdrawal or Termination......................20 Section 11.08 – Dissolution. ..............................................................................................20 446633 of 669933
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Section 11.09 – Disposition of Property Upon Termination of Agency or Board Determination of Surplus...........................................................................21 Article XII Miscellaneous Provisions..................................................................................21 Section 12.01 – Agreement Complete. ..............................................................................21 Section 12.02 – Amendment..............................................................................................21 Section 12.03 – Successors and Assigns............................................................................22 Section 12.04 – Dispute Resolution...................................................................................22 Section 12.05 – Execution In Parts Or Counterparts. ........................................................23 Section 12.06 – Member Authorization.............................................................................23 Section 12.07 – No Predetermination or Irretrievable Commitment of Resources. ..........23 Section 12.08 – Notices. ....................................................................................................23 Section 12.09 – Severability And Validity Of Agreement. ...............................................23 Section 12.10 – Singular Includes Plural...........................................................................23 SIGNATURE LINES.....................................................................................................................24 EXHIBIT A ...........................................................................................................................26 EXHIBIT B ...........................................................................................................................27 Advisory Committee to the Agency Board....................................................................................27 Membership ....................................................................................................................27 Member Appointment........................................................................................................28 Application Timeline .........................................................................................................29 Advisory Committee Member Terms ................................................................................29 Decision Making and Governing Board Consideration.....................................................29 Public Process ....................................................................................................................30 446644 of 669933
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1 Amended and Restated
SANTA ROSA PLAIN GROUNDWATER
SUSTAINABILITY AGENCY JOINT EXERCISE OF
POWERS AGREEMENT
This JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) forming the Santa Rosa Plain Groundwater Sustainability Agency (“Agency”) is made and entered into as of December 31, 2026 (“Effective Date”), by and among the public agencies listed on the attached Exhibit “A” (collectively “Members” and individually “Member”) for the purpose of forming a Groundwater Sustainability Agency (“GSA”) and achieving groundwater sustainability in the Santa Rosa Plain Groundwater Basin.
RECITALS
WHEREAS, the comprehensive groundwater legislation collectively enacted and referred to as the “Sustainable Groundwater Management Act” at California Water Code Section 10720 et. seq. (“SGMA”) initially became effective on January 1, 2015.
WHEREAS, the stated purpose of SGMA, as set forth in California Water Code section 10720.1, is to provide for the sustainable management of groundwater basins at a local level by providing local groundwater agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater.
WHEREAS, SGMA requires the designation of Groundwater Sustainability Agencies (“GSAs”) for the purpose of achieving groundwater sustainability through the adoption and implementation of Groundwater Sustainability Plans (“GSPs”) or an alternative plan for all medium and high priority basins as designated by the California Department of Water Resources.
WHEREAS, each Member is a local agency, as defined by SGMA, within the Santa Rosa Plain Groundwater Subbasin (“Basin”) which is designated basin number 1-55.01 in Department of Water Resources Bulletin No. 118 and which is designated as a medium priority basin.
WHEREAS, pursuant to Section 10723 of the California Water Code, SGMA authorizes a water corporation regulated by the Public Utilities Commission (“PUC”) or a mutual water company to participate in a GSA through agreement.
WHEREAS, certain PUC-regulated (“PUCR”) and mutual water companies (“MWC”) within the Basin have entered into a Memorandum of Understanding for the purpose of selecting a common representative to serve as a member of the GSA Board (“MWC/PUCR MOU”).
WHEREAS, SGMA requires that the Basin have a designated GSA by no later than June 30, 2017 and an adopted GSP by no later than January 31, 2022.
WHEREAS, SGMA authorizes a combination of local agencies to form a GSA by entering into a joint powers agreement.
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2 WHEREAS, the Members are authorized by the Joint Exercise of Powers Act (Chapter 5 of Division 7 of Title 1 of the California Government Code) (“Act”) to create the Agency for the purpose of jointly exercising those powers granted by the Act and any additional powers which are common among them.
WHEREAS, the Members, individually and collectively, have the goal of cost effective sustainable groundwater management that considers the interests and concerns of all beneficial uses and users of groundwater.
WHEREAS, in order to promote efficiency and sharing of resources, the Members, individually and collectively, encourage coordination between GSAs in Sonoma County.
WHEREAS, the Members hereby enter into this Agreement to establish this Joint Powers Authority to form a GSA and undertake the management of groundwater resources pursuant to SGMA.
WHEREAS, on May 25, 2017, and pursuant to the aforementioned recitals, the Members entered into a Joint Power Agreement as authorized by the Joint Exercise of Powers Act (Chapter 5 of Division 7 of Title 1 of the California Government Code) (“Act”), thereby forming the Agency, and under which the Agency has since been operating.
WHEREAS, the Members have now unanimously determined, pursuant to those same recitals, that 2017 Joint Powers Agreement should be amended so that this Amended and Restated Joint Powers Agreement accurately reflects the Agency’s governance and administrative structure, thereby becoming, as of the Effective Date, the Joint Powers Agreement that shall govern the GSA.
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 terms 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) “Administrator” shall mean the person or entity appointed by the Board pursuant to Section 9.01.01 to manage the operation of the Agency. 446677 of 669933
3 (c) “Agency” shall mean the Santa Rosa Plain Groundwater Sustainability Agency, which is a separate entity created by this Agreement pursuant to the provisions of California Government Code sections 6500 et seq.
(d) “Agreement” means this Santa Rosa Plain Groundwater Sustainability Agency Joint Exercise of Powers Agreement.
(e) “Basin” shall mean the Santa Rosa Plain Groundwater Subbasin which is designated basin number 1-55.01 in Department of Water Resources’ Bulletin No. 118 and as its boundaries may be modified from time to time through the procedures described in California Water Code section 10722.2 or by the Department of Water Resources under its separate authority. (f) “Board of Directors” or “Board” shall mean the governing body of the Agency as established by Section 6.01 of this Agreement.
(g) “Bylaws” shall mean the bylaws adopted by the Board of Directors pursuant to Section 9.05 of this Agreement to govern the day-to-day operations of the Agency. (h) “Director” shall mean each person appointed by each Member pursuant to Section
6.02 to exercise the rights and duties of a Director as defined by this Agreement, which shall include a “Primary Director,” “Alternate Director,” and “Second Alternate Director,” as appropriate.
(i) “Ex Officio Member” shall mean an entity invited to participate in the Agency pursuant to Section 5.02 of this Agreement.
(j) “Fiscal Year” shall mean July 1st through June 30th pursuant to Section 10.03 of this Agreement.
(k) “Groundwater Sustainability Agency” or “GSA” shall have the meaning set forth in California Water Code section 10721(j).
(l) “Groundwater Sustainability Plan” or “GSP” shall have the meaning set forth in California Water Code section 10721(k).
(m) “Local Agency” or “Local Agencies” shall have the meaning set forth in California Water Code Section 10721(n).
(n) “Member” or “Members” shall mean the local agencies listed in the attached Exhibit “A” that have executed this Agreement, including any new Members that may subsequently join this Agency with the authorization of the Board, pursuant to Section 5.02 of this Agreement.
(o) “MWC/PUCR Director” shall mean the person selected to represent the Basin area mutual water companies and PUC regulated utilities on the GSA Board pursuant to the MWC/PUCR MOU.
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4 (p) “Plan Manager” shall mean the person appointed by the Board to oversee the preparation and implementation of the GSP and who has been delegated management authority for submitting the GSP, GSP amendments, annual reports, and five-year assessments and serving as the point of contact between the Agency and the Department of Water Resources. The Plan Manager shall be a professional engineer, professional geologist or certified hydrogeologist, or someone who has demonstrated experience and knowledge in the foregoing areas as determined by the Board.
(a) “Sustainable Groundwater Management Act” or “SGMA” shall mean the comprehensive groundwater legislation collectively enacted and referred to as the “Sustainable Groundwater Management Act” (“SGMA”) as codified in California Water Code Sections 10720 et seq. and as may be amended in the future.
Article II: Agency Cration
Section 2.01 – Purpose of the Agency.
There is hereby created a joint powers agency known as the Santa Rosa Plain Groundwater Sustainability Agency (“Agency”). The Agency shall be, to the extent provided by law, a public entity separate from the Members of this Agreement.
Section 2.02 – Purpose of the Agency.
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 powers granted by SGMA, for the purpose of cooperatively carrying out the requirements of SGMA, including, but not limited to, serving as the GSA for the Basin.
Article III: Term
Section 3.01 – Term.
This Agreement shall become operative on the Effective Date, provided that at least two of the Members listed in Exhibit A have executed this Agreement by said date.
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. 446699 of 669933
5 Article II: Powers
Section 2.01 – Powers.
The Agency shall possess the ability to exercise those powers specifically granted by the Act and SGMA. Additionally, the Agency shall possess the ability to exercise the common powers of its Members related to the purposes of the Agency, including, but not limited to, the following:
2.01.01 To designate itself the GSA for the Basin pursuant to SGMA.
2.01.02 To adopt rules, regulations, policies, bylaws and procedures governing the operation of the Agency and the adoption and implementation of the GSP.
2.01.03 To develop, adopt and implement a GSP for the Basin pursuant to SGMA.
2.01.04 To adopt ordinances within the Basin consistent with the purpose of the Agency as necessary to implement the GSP and otherwise meet the requirements of SGMA.
2.01.05 To employ agents and employees.
2.01.06 To obtain legal, financial, accounting, technical, engineering, and other services needed to carry out the purposes of this Agreement.
2.01.07 To conduct studies, collect and monitor all data related and beneficial to the development, adoption and implementation of the GSP for the Basin.
2.01.08 To perform periodic reviews of the GSP including submittal of annual reports.
2.01.09 To require the registration and monitoring of wells within the Basin.
2.01.10 To issue revenue bonds or other appropriate public or private debt and incur debts, liabilities or obligations.
2.01.11 To exercise the powers permitted under Government Code section 6504 or any successor statute.
2.01.12 To levy taxes, assessments, charges and fees as provided in SGMA or otherwise provided by law.
2.01.13 To regulate and monitor groundwater extractions within the Basin as permitted by SGMA, provided that this Agreement does not extend to a Member’s 447700 of 669933
6 operation of its system to distribute water once extracted or otherwise obtained, unless and to the extent required by other laws now in existence or as may otherwise be adopted.
4.01.14 To establish and administer projects and programs for the benefit of the Basin.
4.01.15 To cooperate, act in conjunction and contract with the United States, the State of California, or any agency thereof, counties, municipalities, special districts, groundwater sustainability agencies, public and private corporations of any kind (including without limitation, PUC regulated utilities and mutual water companies), and individuals, or any of them, for any and all purposes necessary or convenient for the full exercise of the powers of the Agency.
4.01.16 To accumulate operating and reserve funds and invest the same as allowed by law for the purposes of the Agency and to invest funds pursuant to California Government Code section 6509.5 or other applicable State Law.
4.01.17 To apply for and accept grants, contributions, donations and loans under any federal, state or local programs for assistance in developing or implementing any of its projects or programs for the purposes of the Agency.
4.01.18 To acquire by negotiation, lease, purchase, construct, hold, manage, maintain, operate and dispose of any buildings, property, water rights, works or improvements within and without the respective boundaries of the Members necessary to accomplish the purposes described herein.
4.01.19 To sue or be sued in its own name.
4.01.20 Any additional powers conferred under SGMA or the Act or under applicable law, insofar as such powers are needed to accomplish the purposes of SGMA, including all powers granted to the Agency under Article 4 of the Act which are in addition to the common powers of the Members, including the power to issue bonds or otherwise incur debts, liabilities or obligations to the extent authorized by the Act or any other applicable provision of law and to pledge any property or revenues of the rights thereto as security for such bonds and other indebtedness.
4.01.21 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 perform all other acts necessary or proper to fully carry out the purposes of this Agreement.
Section 4.02 – Exercise of Powers.
In accordance with California Government Code section 6509, the foregoing powers shall be subject to the restrictions upon the manner of exercising such powers pertaining to the County of Sonoma.
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7 Section 4.03– Water Rights and Consideration of all Beneficial Uses and Users of Groundwater in the Basin.
As set forth in California Water Code section 10723.2, and any future amendments to SGMA, the GSA shall consider the interests of all beneficial uses and users of groundwater in the Basin, as well as those responsible for implementing the GSP. Additionally, as set forth in California Water Code section 10720.5(a), and any future amendments to SGMA, any GSP adopted pursuant to this Agreement shall be consistent with Section 2 of Article X of the California Constitution and nothing in this Agreement modifies the rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution, with the exception that no extraction of groundwater between January 1, 2015 and the date the GSP is adopted may be used as evidence of, or to establish or defend against, any claim of prescription.
Likewise, as set forth in California Water Code section 10720.5(b), and any future amendments to SGMA, nothing in this Agreement or any GSP adopted pursuant to this Agreement determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights.
Section 4.04 – 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. The adopted GSP shall not authorize any water supply augmentation to the Basin with groundwater extracted from another groundwater basin within the jurisdiction of a Member without the express consent of that Member.
Section 4.05 – Coordination between Basins.
In order to maintain consistency and the efficient use of resources, to the extent feasible, the Agency shall endeavor to coordinate between and among the other Sonoma County GSAs for administration, matters involving public communication and outreach, and for developing frameworks to support groundwater management, which may include agreement to certain areas of coordination, provided that the Agency retain its own authority and that such recommendations are ratified by the Board. The Agency may clarify and acknowledge coordination among the other GSAs through a document or agreement if deemed appropriate.
Section 4.06 – Agreement with MWC/ PUCRs.
The Agency will enter into a single participation agreement with the Basin area mutual water companies and PUC-regulated entities located within the Basin who are parties to the MWC/PUCR MOU to allow participation in the GSA as authorized by SGMA. Such participation agreement shall allow the selection of one representative, as well as an alternate, pursuant to the MWC/PUCR MOU to serve as the MWC/PUCR Director and Alternate Director on the GSA Board. The participation agreement with the MWC/PUCRs shall contain the same provisions regarding termination, suspension of voting rights, and continuing obligations upon withdrawal or termination as those that pertain to the Members pursuant to Sections 11.06 and 11.07. 447722 of 669933
8 Section 4.07 – Public Meeting for Periodic 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 at the following milestones to review the terms and conditions of this Agreement and discuss whether any amendments to this Agreement are necessary or advisable:
• Upon completion of an initial fee study
• Within three years of submittal of the GSP to DWR
• At least once every ten years after adoption of the GSP At such public meeting the Administrator and Agency Counsel shall make a report to the Board recommending any amendments to the Agreement, and if directed by the Board shall draft proposed amendments to this Agreement for consideration by the governing boards of each Member. This section shall not preclude the Members from making amendments of this Agreement at other times as deemed necessary or appropriate by the Members, in accordance with Section 12.02 of this Agreement.
Article V: Membership
Section 5.01 – Menbers.
The Members of the Agency shall be 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 Article XI of this Agreement.
Section 5.02 – Ex Officio Members.
An entity that is pursuing formation of a local public agency that is qualified to join the Agency under the provisions of SGMA and the Act, may submit to the Agency documentation of its formation process. Such documentation shall include:
5.02.01 For an entity going through Sonoma County Local Agency Formation Commission (“Sonoma LAFCO”):
• All documentation submitted to the Sonoma LAFCO, including:
o Complete Application/Petition Packet
o Plan for Services, which shall include its five-year plan, budget and funding information, and staffing plan, and which shall demonstrate that the entity will meet the SGMA definition of local public agency and provide an analysis of how the entity will support SGMA implementation
o Map, showing boundaries and parcels
• Documentation of Sonoma LAFCO’s approval or conditional approval of entity’s application/petition
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9 Upon receipt of the above documentation, the entity will be invited to join the Board as an Ex Officio Member, with no voting rights. Such Ex Officio participation will cease upon any of the following:
• If LAFCO granted conditional approval, failure to meet any of the required conditions
• Failure to conduct the required elections for formation within timeframe required by LAFCO
• Failure of required elections for formation to pass
• Failure to complete formation process within three years of becoming Ex Officio Member
5.02.02 For an entity going through a special legislative process outside Sonoma LAFCO:
• Final text of the enacted and enrolled bill which shall demonstrate that the entity will meet the SGMA definition of local public agency and include provisions regarding how the entity will support SGMA implementation • Documentation that the bill has been chaptered by the Secretary of State Upon receipt of the above documentation, the entity will be invited to join the Board as an Ex Officio Member, with no voting rights. Such Ex Officio participation will cease upon any of the following:
• Failure to conduct required elections, if any, for formation within the timeframe specified by the legislation, if any. If no timeframe is specified, within one year of the effective date of the legislation. • Failure of required elections, if any, for formation to pass. • Failure to satisfy other requirements, if any, specified in the legislation for formation within the timeframe specified by the legislation, if any. If no timeframe is specified, within one year of the effective date of the legislation.
Section 5.03 – New Members.
Upon submittal of an application for membership, new Members shall be admitted to the Agency so long as: 1) the new Member is located or has jurisdictional boundaries within the Basin; 2) the new Member is a local public agency or another entity authorized by SGMA that is qualified to join the Agency under the provisions of SGMA and the Act; and 3) the new Member agrees to the terms of this Agreement, including applicable financial obligations, which may be determined based at no more than an equal share of the unreimbursed Funding Commitments of the other Members pursuant to Section 10.02 or as established pursuant to Section 10.07.
Once an application is accepted by the Board of Directors, this Agreement is executed by an authorized representative of the new Member, and the new Member satisfies any applicable financial obligation of the new Member, the attached Exhibit “A” shall be amended to reflect the 447744 of 669933
10 new Member, and such action by the Board shall not be subject to the requirements of Section
12.02. Article III: Directors and Officers
Section 3.01 – 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 one voting seat per Member and one voting seat for the MWC/PUCR MOU Representative. The governing board shall be known as the “Board of Directors of the Santa Rosa Plain Groundwater Sustainability Agency.” All voting power shall reside in the Board.
Section 3.02 – Directors and Alternates.
Directors and Alternate Directors shall be appointed as follows:
3.02.01 Members: Each Member shall appoint one Primary Director and one Alternate Director to the Board. The Alternate Director shall serve and assume the rights and duties of the Primary Director when the Primary Director is absent or recused from a Board meeting. The Primary Director and Alternate Director shall, at all times, be an elected or appointed official of their respective Member.
If necessary, each Member may have the option to also appoint one Second Alternate Director who shall serve and assume the rights and duties of the Primary Director in the absence or recusal of both that Member’s Primary Director and Alternate Director. The appointed Second Alternate Director must be appointed by an official action of their respective Member. The appointed Second Alternate Director shall not include independent contractors, consultants, temporary staff, or third parties. The Second Alternate Director shall be limited to attending no more than two (2) of the Agency’s meetings during any calendar year.
Each appointed Primary, Alternate, and Second Alternate Director who assumes the rights and duties of the Primary Director shall, at all times, be subject to the Agency’s Conflict of Interest Codes and applicable state law, including, but not limited to, Government Code § 1090, the Political Reform Act, and the Brown Act. Each appointed Primary, Alternate, and Second Alternate Director 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 respective Member. Each Primary, Alternate, and Second Alternate Director shall hold office until their successor is selected by their Member and the Agency has been notified of the succession.
In the event that the Primary or Alternate Director ceases to be an elected or appointed official of their Member’s governing body, that Primary or Alternate Director position shall become vacant and the respective Member Agency shall appoint a new Primary or Alternate Director.
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11 6.02.02 MWC/PUCR: The MWC/PUCR MOU Director, and an Alternate Director, shall be selected in accordance with the MWC/IOU MOU and any applicable provisions of the participation agreement.
6.02.03 Ex Officio Member: For any Ex Officio Member established pursuant to Section 5.02, the Ex Officio Member shall appoint one representative who shall reside within the proposed geographic boundaries of the Ex Officio Member. The Ex Officio Member may participate in Board discussions but shall have no voting rights.
Section 6.03– Officers of the Board.
Officers of the Agency’s 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.
Section 6.04 – Appointment of Officers of the Board.
The Board shall elect the Officers of the Board from the Primary Directors every other calendar year. Officers of the Board shall hold office for a term of two years commencing on July 1 of every other 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 Board vote. In the event that an Officer of the Board loses their position as a Primary Director, that Officer of the Board position shall become vacant and the Board shall elect a new Officer from existing Primary Directors to serve the remaining Officer term.
Article VII: Board Meetings and Actions.
Section 7.01 – Initial Meeting.
The initial meeting of the Board, which shall be held for purpose of meeting the requirements of California Water Code Section 10723, including decision of the Agency to serve as the GSA for the Basin, shall be held at a location overlying the Basin on or before June 20, 2017.
Section 7.02 – Regular Meeting Schedule.
The Board shall establish by resolution, bylaws, or other procedure a regular meeting time and place at the initial meeting of the Board. The Board may vote to change the regular meeting time and place provided that the new location remains at a place overlying the Basin. 447766 of 669933
12 Section 7.03 – Conduct of Board Meetings.
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 7.04 – Quorum.
A quorum of the Board shall consist of a majority of the Directors.
Section 7.05 – Voting.
Each Director shall have one vote. A majority vote of the Directors is needed for the adoption of any action, except those which require a supermajority three-fourths vote or a unanimous vote.
Section 7.06 – Supermajority Voting Requirement.
A supermajority vote is three-fourths of the Directors. Items that require a supermajority vote to pass consist of the following, which, except for those items described in Section 12.02.02, may be amended from time to time by the Board by a supermajority vote, or as may otherwise be required by this Agreement (See Sections 9.03, 11.06 and 12.02.01) or by law:
• Bylaws adoption, modification or alteration
• GSP adoption, modification or alteration
• Removal of Advisory Committee members
• Modifications to the composition of the Advisory Committee as set forth in Section 6.3(b) of the Bylaws, including changes to the total number of Advisory Committee members, Member appointees, and interest-based appointees, including changes to the categories of interest-based appointees. • Adoption of assessments, charges and fees
• Adoption of regulations and ordinances
• Adoption or modification of annual budget, including capital projects • Property acquisition (excepting rights of way)
• Contracting with a Member for administrative services, subject to the provisions of Section 9.03
• Appointment of Fiscal Agent and Treasurer, subject to the provisions of Section 9.03 and/or Section 10.04, Administrator, Plan Manager or General Legal Counsel
• Minor, administrative amendments to this Agreement not subject to Section
12.02.02 447777 of 669933
13 Section 7.07 – Unanimous Voting Requirement.
Items that require a unanimous vote of the Board to pass consist of the following, which may be amended from time to time by the Board by a unanimous vote, or as otherwise required by law:
• Financial Commitments of the Members, whether through the budget approval process or otherwise
Article VIII: Board Committees
Section 8.01 – 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 carrying out the purposes and objects of the Authority. The Board shall determine the purpose and need for such committees and the necessary qualifications for individuals appointed to them.
Section 8.02 – Advisory Committee.
The Board shall establish an Advisory Committee. Meetings of the Advisory Committee shall be noticed, held, and conducted in accordance with the provisions of The Brown Act (California Government Code sections 54950, et seq.). Through the use of the Advisory Committee, the Board shall ensure that the development of the GSP includes the meaningful participation of all beneficial uses and users of groundwater in the Basin.
Composition of the Advisory Committee is intended to represent the beneficial uses and users of groundwater identified in SGMA. A Committee member’s participation shall not violate the California Political Reform Act of 1974 (Gov. Code, § 81000 et seq.), the provisions of California Government Code section 1090 et seq., or any other applicable law. The Advisory Committee’s purpose and membership is described in Exhibit B.
Article IX: Operations and Management.
Section 9.01 – Administrator and Plan Manager.
9.01.01 Administrator: The Board may appoint an Administrator, from time-totime as and when it deems appropriate. If appointed, the Administrator shall serve at the pleasure of the Board of Directors and their duties and responsibilities shall be set forth by the Board. The Administrator shall have the authority to hire employees, consistent with the approved budget.
9.01.02 Plan Manager: The Board shall appoint a Plan Manager. The Administrator and Plan Manager may be the same individual. The Plan Manager shall serve 447788 of 669933
14 at the pleasure of the Board of Directors and their duties and responsibilities shall be set forth by the Board.
Section 9.02 – Legal Counsel and Other Officers.
The Agency 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 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 other appointed officers of the Agency may be employees or contractors of one or more of the Members, in accordance with Sections 9.03 and 11.04. 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 9.03 – Employees and Management.
In addition to, or in lieu of, hiring employees, the Agency may engage one or more Members to provide technical and outreach services to 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 Member(s). Technical and outreach services include, but are not limited to GSP implementation, monitoring and reporting, studies and information gathering, project and management action implementation, and associated public outreach activities.
The Agency may also engage one or more Members to provide administrative services, the contract for which shall be approved by a supermajority vote of the Directors representing the noncontracting Member(s). Administrative services include, but are not limited to, agency administration, fiscal management, management of Agency contracts, and management of Agency Board and Advisory Committee.
Section 9.04 – 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 overlying the Basin. The Board may change the principal office from time to time so long as that principal office remains at a location overlying the Basin.
Section 9.05 – Bylaws.
The Board shall adopt and maintain Bylaws governing the conduct of meetings and the day-to-day operations of the Agency.
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15 Section 9.06 – Official Seal and Letterhead.
The Board may adopt, and/or amend, an official seal and letterhead for the Agency.
Section 9.07 – Conflict of Interest Code.
The Board shall adopt and file a Conflict of Interest Code pursuant to the provisions of the Political Reform Act of 1974. The Board may review and revise the Conflict of Interest Code from time to time as appropriate or when required by law.
Article X: Financial Provisions
Section 10.01 – 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 10.02 – Initial Agency Funding Commitments.
In order to initially fund the Agency, the Members, as well as the MWC/PUCRs pursuant to the participation agreement, shall each provide the funding commitment amounts listed in the tables below (“Funding Commitment”), with the Funding Commitment to be paid by the identified due dates in the tables below. Such Funding Commitments may be made by payment to the Agency, providing services to the Agency through an agreement with the Agency, or through a combination of both. If any portion of a Member’s Funding Commitment is to be provided through a services agreement, such Member shall strive to enter into a services agreement with the Agency by the initial due date. The timeframe for payment of any remainder amounts shall be determined by the Board of Directors based on the funding and operational needs of the Agency, and shall be due and payable within thirty (30) days of request for funds as issued by the Agency, provided that billing of Members may take into account the larger agency Members’ ability and willingness to make payments prior to the smaller agency Members. To the extent the Agency is able to secure other funding sources in the future, and to the extent permitted by law, the Agency shall reimburse any Funding Commitment amount to each Member on a proportionate basis. 448800 of 669933
16 Fiscal Year 2017-18:
Total FY 2017-18
Commitment
Initial
Commitment
amount due by
July 31, 2017
City of Cotati $ 55,000 $ 18,000
City of Rohnert Park $ 55,000 $ 18,000
City of Santa Rosa $ 55,000 $ 18,000
Town of Windsor $ 55,000 $ 18,000
Gold Ridge Resource
Conservation District
$ 55,000 $ 18,000
Sonoma Resource Conservation
District
$ 20,000 $ 6,600
County of Sonoma $ 55,000 $ 18,000
Sonoma County Water Agency $ 55,000 $ 18,000
MWC/PUCR* $ 55,000 $ 18,000
TOTAL $460,000 $150,600
For Fiscal Year 2018-19, the Members shall each be prepared to make the following Funding Commitment to the Agency based on a projected annual budget amount of $530,000, provided, however, that it is understood and agreed that the actual funding needs of the Agency may vary and will depend on the actual 2018-19 budget as adopted by the Board. In the event the funding needs are greater than those anticipated in the proposed fiscal year 2018-19 budget, any excess Funding Commitment is subject to Board approval pursuant to Section 7.07. * The Initial Funding Commitment of the MWC/PUCRs shall be due within 30 days of final approval and execution of the MWC/PUCRs participation agreement or by July 31st, whichever date is later.
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17 Total FY 2018-19
Commitment
Initial Funding
Commitment
amount due by
July 31, 2018
City of Cotati $ 64,000 $ 21,000
City of Rohnert Park $ 64,000 $ 21,000
City of Santa Rosa $ 64,000 $ 21,000
Town of Windsor $ 64,000 $ 21,000
Gold Ridge Resource
Conservation District
$ 64,000 $ 21,000
Sonoma Resource Conservation
District
$ 20,000 $ 6,600
County of Sonoma $ 64,000 $ 21,000
Sonoma County Water Agency $ 64,000 $ 21,000
MWC/PUCR $ 64,000 $ 21,000
TOTAL $532,000 $174,600
Section 10.03 – Fiscal Year.
The Fiscal Year of the Agency shall be July 1 to June 30.
Section 10.04 – 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 three-fourths supermajority 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 10.05 – Funds; Property; Bonds.
The Board may from time to time designate the officers and persons, in addition to those specified in Section 10.04 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. 448822 of 669933
18 Section 10.06 – Budget.
In all cases, the Board shall adopt a final budget no later than the start of the ensuing Fiscal Year. If, however, the Agency’s administrative costs for the ensuing Fiscal Year are proposed to be directly funded by Member contributions, the Board shall adopt a preliminary budget for the Agency for the ensuing Fiscal Year no later than ninety (90) days before the start of that ensuing fiscal year. The Board may authorize mid-year budget adjustments as needed.
Section 10.07 – Payments To The Agency.
All fees, costs and expenses incurred by the Agency may be funded from: (i) voluntary contributions from third parties, such as grants; (ii) voluntary contributions, 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 SGMA or otherwise provided by law; and, (v) subject to the unanimous vote of the Board, assessments on the Members to carry out the activities of the Agency generally applicable to all Members.
Article XI: Relationship of Agency And Its Members.
Section 11.01 – Separate Entity.
In accordance with California Government Code Sections 6506 and 6507, the Agency shall be a public entity separate and apart from the parties to this Agreement.
Section 11.02 – Liabilities.
In accordance with California Government Code section 6508.1, the debt, liabilities and obligations of the Agency shall be the debts, liabilities and obligations of the Agency alone and not of its Members. The Members do not intend hereby to be obligated either jointly or severally for the debts, liabilities or obligations of the Agency, except as may be specifically provided for in California Government Code Section 895.2 as amended or supplemented.
Section 11.03 – Indemnity and Insurance.
11.03.01 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 448833 of 669933
19 arise out of, or are attributable in whole or in part, to the conduct, activities, operations, acts, and omissions of the Agency.
11.03.02 Agency Insurance and Liability Coverage Requirements.
The Agency shall be required to obtain insurance, or join a self-insurance program in which one or more of the Members participate, appropriate for its operations. Any and all insurance coverages provided by the Agency, and/or any self-insurance 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 all of its contractors and subcontractors to have insurance appropriate for their operations. All amounts coverages and provisions of the insurance policies identified in this Section 11.03B shall be subject to the approval of Agency Legal Counsel.
Section 11.04 – 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.
Section 11.05 – Withdrawal of Members.
Any Member shall the have the ability to withdraw by providing one hundred eighty (180) days written notice of its intention to withdraw. Said notice shall be given to the Board and to each of the other Members.
A Member shall not be fiscally liable for the adopted budget provided that the Member provides written notice one hundred eighty (180) days prior to the adoption of the budget.
Notwithstanding the foregoing, any Member shall have the ability to withdraw by providing not less than ninety (90) days written notice of its intention to withdraw prior to the adoption of the 2018-19 budget. A Member shall not be fiscally liable for the fiscal year 2018-19 Funding Commitment provided that said Member has provided a timely notice of its intent to withdraw to the Board and 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 forth in Section 11.07 below.
Section 11.06 – Termination of Members.
Any Member’s failure to meet its funding obligations pursuant to Sections 10.02 or 10.07 of this Agreement may be treated as a breach of this Agreement and the Board may vote to terminate such Member. Such termination shall be approved by unanimous consent of all Directors except the Director of the Member proposed to be terminated. In lieu of termination, the Board 448844 of 669933
20 may in its discretion vote to suspend a Member’s voting privileges for failure to meet its funding obligations pursuant to Section 10.02 or 10.07 until the Member has satisfied its funding obligations. Such suspension of voting privileges shall be approved by a supermajority vote, as defined in Section 7.06 above but excepting the Director of the Member proposed to have its voting privileges suspended. In the event a Member’s voting privileges are suspended, that Member shall not be counted for purposes of determining a majority or supermajority vote in accordance with Sections 7.05 and 7.06. In the event of termination of a Member, this Agreement shall continue in full force and effect among the remaining members as set forth in Section 11.07 below, and such action by the Board shall not be subject to the requirements of Section 12.02. Before terminating a Member for breach pursuant to this section, the Board must satisfy the meet and confer requirements under Section 12.04. As part of the meet and confer process, the Board and the Member proposed to be terminated may conduct mediation in accordance with Section 12.04.
Any Member’s failure to be represented by a Director, Alternate Director, or Second Alternate Director of the Member for three consecutive meetings (regular or special) of the Board may be considered a breach of this Agreement for which the Board may vote to suspend a Member’s voting privileges for one or more meetings of the Board. Such suspension of voting privileges shall be approved by a supermajority vote, as defined in Section 7.06 above but excepting the Director of the Member proposed to have its voting privileges suspended. In the event a Member’s voting privileges are suspended, that Member shall not be counted as a member of the Board for purposes of determining a majority or supermajority vote in accordance with Sections 7.05 and 7.06.
Suspension of a Member’s voting privileges under this section shall not excuse that Member from its obligations under this Agreement, including but not limited to, continuing Funding Commitments to the Agency and attendance at meetings.
Section 11.07 – Continuing Obligations upon Withdrawal or Termination.
Except as provided for in Section 11.05, any withdrawal or termination of a Member, shall not relieve the withdrawing or terminating Member of its financial obligations arising under this Agreement prior to the effective date of the withdrawal or termination, including but not limited to financial obligations or guarantees for loans provided by individual Members, if applicable.
The withdrawal or termination 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 among 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, and shall continue to function as the GSA for the Basin.
Section 11.08 – Dissolution.
The Agency may be dissolved at any time upon the unanimous vote of the Board. However, the Agency shall not be dissolved until all debts and liabilities of the Agency have been eliminated, or allocated, assigned and assumed by individual Members, or another entity or individual. Upon Dissolution of the Agency, each Member shall receive its proportionate share (in proportion to the 448855 of 669933
21 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 terminated shall be entitled to a distribution upon dissolution.
Section 11.09 – Disposition of Property Upon Termination of Agency or Board Determination of Surplus.
Upon termination of this Agreement or upon determination by the Board that any surplus 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 XII: Miscellaneous Provisions
Section 12.01 – 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 12.02 – Amendment.
12.02.01 Minor Amendments. Minor, administrative amendments to this Agreement may be made by supermajority vote pursuant to Section 7.06.
12.02.02 Other Amendments. Amendments to this Agreement related to the following items require unanimous written consent of the Members acting through their governing bodies, and may be amended from time to time by the unanimous consent of the Members, acting through their governing bodies.
• Any change in Powers
• Any change in Board composition, except as already provided for in this Agreement
• Any change in Voting requirements
• Any changes to Liabilities and Indemnification provisions • Any changes to Termination and Withdrawal provisions
• Elimination of the Advisory Committee
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22 • Any other item expressly requiring unanimous as described elsewhere in this Agreement, including Sections 3.01, 7.07, 11.06, and 11.08 Section 12.03 – 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 contracts, 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 12.04 – 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 21days 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 10business days prior to the 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 of representatives of Members not party 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. 448877 of 669933
23 Section 12.05 – Execution In Parts Or Counterparts.
This Agreement may be executed in parts or counterparts, each part or counterpart 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 12.06 – Member Authorization.
The governing bodies of the Members have each authorized execution of this Agreement, as evidenced by their respective signatures below.
Section 12.07 – No Predetermination or Irretrievable Commitment of Resources.
Nothing herein shall constitute a determination by the Agency or any Member that any action shall be undertaken or that any unconditional or irretrievable commitment of resources 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 permit requirements, as applicable, have been completed.
Section 12.08 – 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 in writing.
Section 12.09 – Severability And Validity Of Agreement.
Should the participation of any Member to this Agreement, or any part, term or provision of this Agreement be decided by the courts or the legislature to be illegal, in excess of that Member’s authority, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, 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 terms as provided herein.
Section 12.10 – Singular Includes Plural.
Whenever used in this Agreement, the singular form of any term includes the plural form and the plural form includes the singular form.
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 abovewritten. 448888 of 669933
24 SIGNATURE LINES
CITY OF SANTA ROSA SONOMA COUNTY WATER AGENCY
By: By:
Name: Name:
Title: Title:
Date: Date:
COUNTY OF SONOMA CITY OF ROHNERT PARK
By: By:
Name: Name:
Title: Title:
Date: Date:
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24 449900 of 669933
25 TOWN OF WINDSOR CITY OF COTATI
By: By:
Name: Name:
Title: Title:
Date: Date:
SONOMA RESOURCE
CONSERVATION DISTRICT
GOLD RIDGE RESOURCE
CONSERVATION DISTRICT
By: By:
Name: Name:
Title: Title:
Date: Date:
CITY OF SEBASTOPOL
By:
Name:
Title:
Date:
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25 449922 of 669933
26 EXHIBIT A
MEMBERS
City of Cotati
City of Rohnert Park
City of Santa Rosa
City of Sebastopol*
Town of Windsor
Sonoma Resource Conservation District
Gold Ridge Resource Conservation District
Sonoma County Water Agency
County of Sonoma
* Member added on August 8, 2019 pursuant to Section 5.03 of JPA. 449933 of 669933
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27 EXHIBIT B
Advisory Committee to the Agency Board
The purpose of the Advisory Committee is to provide input and recommendations to the Agency Board on groundwater sustainability plan development and implementation and GSA policies. The intent of the committee is to provide community perspective and participation in the GSA.
The Advisory Committee will review and/or provide recommendations to the Agency Board on groundwater-related issues that may include:
• Development, adoption or amendment of the GSP
• Sustainability goals and objectives
• Best management practices
• Monitoring programs
• Annual work plans and reports (including mandatory 5-year milestone reports)
• Modeling scenarios
• Inter-basin coordination activities
• Projects and management actions to achieve sustainability • Community outreach
• Local regulations to implement SGMA
• Fee proposals
• General advisory
The Advisory Committee will not be involved in the Agency budget or day-to-day operations, such as personnel staffing or contracting.
Membership
Composition of the Advisory Committee is intended to represent the beneficial uses and users of groundwater identified in the Sustainable Groundwater Management Act.
Committee members may not serve concurrently on the Agency Board. Members must live or work within the Santa Rosa Plain Groundwater Basin or represent an organization with a presence in Santa Rosa Plain Groundwater Basin identified by the Department of Water Resources current Bulletin 118. Committee membership is based on the interest group and Member designations described below. Notwithstanding the foregoing, the Board may choose to appoint one of the interest-based members of the Advisory Committee from outside the Bulletin 118 Basin, provided such member resides, works or represents an organization with a presence in the watershed which contributes to the Basin. 449955 of 669933
28 Each Member of the Agency, as well as the MWC/PUCRs, will appoint a representative from staff or the community to the Advisory Committee, for a total of ten members:
1. City of Santa Rosa
2. Town of Windsor
3. City of Rohnert Park
4. City of Cotati
5. City of Sebastopol
6. Sonoma County
7. Sonoma County Water Agency
8. Sonoma Resource Conservation District
9. Gold Ridge Resource Conservation District
10. Mutual Water Companies/ PUC-Regulated
The following GSA eligible entities have elected not to participate on the Agency Board but shall hold a seat on the Advisory Committee. These entities, not the Agency Board, will appoint their representatives:
11. Graton Rancheria
The Agency Board will appoint 7 interest-based members:
12. Environmental representative
13. Environmental representative
14. Rural residential well owner
15. Rural residential well owner
16. Business community representative
17. Agricultural interest (surface water or Groundwater user)
18. Agricultural interest (surface water or Groundwater user) Member Appointment
The Agency Board will appoint members to fill the interest-based seats. Interested individuals from the community or local organizations may apply to the Agency Board, designating in the application, the seat that the applicant would intend to fill.
The Agency Board encourages entities and individuals within each interest group to work together to recommend a single candidate to fill that interest’s seat. The Agency Board will give strong consideration to appointing candidates that have the backing of multiple organizations or individuals within that interest group.
The Agency Board encourages candidates with experience and familiarity with groundwater and its management. The Agency Board will also give preference to applicants with experience working with diverse community-based groups.
For one of the rural residential well representatives, the Agency Board will give preference to appointees that can represent the interests of disadvantaged populations or interests that are otherwise under-represented on the Advisory Committee. 449966 of 669933
29 For agricultural representatives, preference will be given for diversity between surface and groundwater reliance for agricultural operations.
Application Timeline
The Agency Board will establish a timeline and process for appointment of the initial Advisory Committee following Agency formation. In subsequent years, applicants will submit an application and statement of interest for vacant seats to the Agency Board by October 1 of the year prior to the beginning of the term for that seat. The GSA will post applications on its web site. At-large appointments from Members will be due to the Agency Board by November 1. The GSA governing board will appoint interest-based committee members at its final meeting of each calendar year as necessary. Terms will commence in January of the subsequent year.
Advisory Committee Member Terms
The initial Advisory Committee appointments will include seats with three-year terms (interest-based categories) and two-year terms (eligible entity appointees). Following initial committee appointment, all member terms will be two years. Advisory Committee Members are not term-limited; however, interest-based members must apply for each term.
If a vacancy occurs for an interest-based seat before the end of the term, the Agency Board will appoint a new member to complete the term. Vacancies for any of the eligible entity appointees shall be filled by their respective agency.
The Agency Board can remove an interest-based committee member if the member is not performing responsibilities. The Agency Board will appoint alternates if the Board deems alternate committee members necessary. If appointing alternates, the Agency Board will request that the Member also provide alternates for eligible entity appointments.
Decision Making and Governing Board Consideration
To inform Agency Board decision-making, the Advisory Committee will provide written recommendations in reports. The recommendations reports will identify areas of agreement and disagreement. The committee will strive for consensus when possible, but reaching consensus is not necessary. Consensus means that everyone can at least “live with it.” When unable to reach consensus on recommendations, the committee will outline the areas in which it does not agree, providing some explanation to inform Agency Board decisionmaking.
The committee may request that one or more committee members present its recommendations to the Agency Board, including areas of agreement and disagreement, consistent with committee deliberations.
Pursuant to Agency Board direction, Agency staff will develop the annual work plan and schedule for committee meetings. The Advisory Committee will adopt a charter and will appoint a Chair and Vice-Chair.
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30 The Agency Board will consider Advisory Committee recommendations when making decisions. If the Agency Board does not agree with the recommendations of the Advisory Committee, the Agency Board shall state the reasons for its decision.
Public Process
All Advisory Committee meetings are subject to the Brown Act and will be open to the public. The GSA will announce committee meetings on its website and through its regular communication channels.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF AGREEMENT WITH ONLINE
INFORMATION SERVICES, INC. FOR UTILITY APPLICANT
SCREENING AND COLLECTION SERVICES
Date: October 13, 2026
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council adopt a resolution approving an agreement with Online Information Services, Inc. for utility applicant screening, identity validation, and outside collection services, for an initial three-year term with two optional one-year renewals and a total amount not to exceed amount of $6,000 per year.
Background
The City issued an RFP on August 3, 2026, to improve verification of new utility applicants and recovery of unpaid water and sewer accounts. The most common scenario where this occurs is when people leave and don’t pay their final bills. Online Information Services submitted the sole proposal and met the RFP criteria. The firm provides utility screening and collection services and offers an existing interface with our ERP System - Tyler ERP Pro 10/Incode10. Formal outside collections have been paused since 2020 due to COVID and then the evolving statutory requirements for payment extension and plans with public water systems.
Analysis/Discussion
Staff recommends applicant screening and identity validation when customers establish service, which would improve the ability for outside collections to recover unpaid balances from eligible accounts. Screening can identify concerns and existing unpaid utility balances from other participating utilities. Staff, with the support of Online Information Services, will work to establish best in service procedures and possible policy updates along with training employees for implementation.
Council direction is requested on settlement discounts. Staff proposes allowing the vendor to 449999 of 669933
reduce an eligible referred collection balance by up to 20 percent to obtain payment. The vendor would begin with a smaller discount and increase it only as needed for the customer’s circumstances, within the Council-approved limit. Staff will define settlement terms in writing and require reporting of the original balance, discount, payment, and collection fee. Discounts above the approved limit require further City approval under applicable authority.
The City will use the screening color flags to determine whether an additional signer is needed.
A customer with a red result will be asked to provide a second account signer with a green or yellow flag. The City will not charge a different deposit based on the screening result. Screening the additional signer adds a cost to the City, but staff recommends this approach to improve payment collectability.
For applicants without a Social Security number, the City will continue to collect a driver’s license or state identification number. If the applicant cannot provide a Social Security number or a driver’s license or state identification number, staff will request an additional account signer who can provide the needed information. A separate screening system for customers without Social Security numbers is available, but staff are not proposing it at this time and may consider it in the future.
For business accounts, staff will collect the Social Security number of a business owner signing to establish the account. The optional business verification system is not proposed at this time and may be considered in the future.
Customer Information and Privacy
The applicant’s screening uses a soft credit check and does not affect the customer’s credit score.
Separately, the proposal allows appropriate credit bureau reporting of delinquent accounts referred for collection, which may affect credit. Staff will clearly explain this distinction to customers.
Social Security numbers will be collected; however, they are redacted within both our ERP system and the reporting system for Online Information Services to protect our customers. The vendor provides encryption both in transit and at rest, plus multifactor authentication, and access controls to protect customer information. Staff will limit access to authorized employees and document secure handling procedures.
The vendor offers a letter mailing service for $1.50 per mailing. Staff is not proposing this optional service at this time but may consider it if it would benefit customers. Staff will coordinate with the City Attorney on required notices associated with screening decisions, including a second-signer requirement, and provide those notices regardless of whether the optional mailing service is used.
Financial Considerations
The City records an expense each year to account for utility bills it estimates may not be collected. This accounting estimate does not cancel the customer’s obligation to pay. The expense was approximately $12,910 for the fiscal year ending June 30, 2026. During the 550000 of 669933
COVID-19 pandemic, when changes in procedures prevented service shutoffs and shifts to other standard collections processes, this expense increased to approximately $127,480 in fiscal year 2021 before declining to approximately $27,470 in fiscal year 2022. The City did recover some of these funds directly through the California Arrearage Payment Program (CAPP) totaling approximately $168,000 in 2022.
Staff have increased collection efforts and encouraged automatic payments, including offering reduced deposits for customers enrolled in automatic bank drafts. Despite these efforts, unpaid utility invoices currently total more than $120,000. This amount includes all historical unpaid accounts maintained in the City’s financial system and represents accumulated unpaid bills, rather than a loss from a single year.
Older balances may be more difficult to recover, and some collection options may be limited by the age of the debt. However, additional collection efforts may still recover a portion of these funds. The proposed services would support those efforts while helping prevent future unpaid balances through improved applicant screening and staff review of account procedures.
Recovering any balance from these unpaid bills helps support the cost of providing water and sewer services. The Utility Exchange screening report costs $3.15 plus a $0.22 regulatory recovery fee, totaling $3.37 per screening. The identity validation report costs $1.95 plus $0.22, totaling $2.17 per report. Web access costs $30 per month. At approximately 360 to 400 primary applicant screenings annually, Utility Exchange screening and web access would cost approximately $1,573 to $1,708 per year, before additional signer screenings, separately ordered identity validation reports, or any Tyler interface charges. Staff are not proposing to change any fees at this time. However, staff may reevaluate administrative service-start fees for accounts requiring an additional signer or property owner's consent for a possible future fee update. No fee change is being requested with this action.
Applicant screening costs are intended to be supported by the existing service-start fee. Outside collections cost 35 percent of the amounts recovered, leaving the City 65 percent before other applicable costs. For example, a $1,000 recovery would result in a $350 collection fee and $650 returned to the City. Staff will monitor all charges within the proposed $5,000 agreement limit and annual utility appropriations.
Additionally, to allow more flexibility to obtain collectability of funds more efficiently, Online Information Services can offer a discount up to an amount agreed upon with our contract. Staff are suggesting a 20 percent maximum discount. With that type of discount, if a $1,000 balance is settled, the customer would pay $800. The vendor’s 35 percent fee would be $280, leaving $520 for the City. Discounts reduce the amount recovered and may help resolve accounts that otherwise remain unpaid.
Environmental Issues
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This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
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RESOLUTION NO. (XX)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
APPROVING AN AGREEMENT WITH ONLINE INFORMATION SERVICES, INC.
FOR UTILITY APPLICANT SCREENING AND COLLECTION SERVICES WHEREAS, The City seeks to improve utility applicant identity verification and collection of unpaid water and sewer accounts; and
WHEREAS, The City issued a Request for Proposals on August 3, 2026, and Online Information Services, Inc. submitted the sole proposal and met the RFP criteria; and WHEREAS, Staff recommends applicant screening, identity validation, and resumption of outside utility collections, with screening results used to require an additional qualified account signer rather than a different deposit; and
WHEREAS, The City intends to protect private customer information through masked Social Security numbers in reports, secure handling, and access limited to authorized employees; and
WHEREAS, Staff recommends an initial three-year agreement with two optional oneyear renewals and an annual amount not to exceed $6,000, subject to annual appropriations.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Cotati:
1. Approves an agreement with Online Information Services, Inc. for utility applicant screening, identity validation, and outside collection services for an initial three-year term with two optional one-year renewals and an annual amount not to exceed $6,000, including renewals, subject to annual appropriations.
2. Authorizes the City Manager to finalize and execute the agreement.
3. Approves resumption of outside utility collections and authorizes vendor discretion to settle eligible referred balances with discounts of up to 20 percent, beginning with smaller discounts and increasing only as needed to obtain payment. Discounts above this limit require further City approval under applicable authority. Staff shall document settlement terms and require reporting of discounts and collections.
4. Directs staff to implement the second-signer approach, secure information handling, and required customer notices. This action does not change utility fees or deposits. Optional business verification, separate non-SSN screening, and letter mailing services are deferred.
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 October 13, 2026, by the following vote, to wit:
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Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, City Clerk
Approved as to form:______________________________
City Attorney
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1 City Council – October 13, 2026
Prepared by Angela Courter – Administrative Services
Utility Applicant Screening & Collection Services
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2 Proposal & Proposer Background
City Of Cotati
• Stopped Formal Collections 2020
• Continued informal by Staff
• RFP issued August 3, 2026
• Selection
• Sole proposal met RFP criteria
• Existing ERP System Interface
ONLINE Overview
• 1986 Purchased by current owners
• Top Tier Experian Reseller
• 1,100+ utilities benefitting from our Exchangebased products and solutions • 6,000+ utility and property management credit
screening clients
• We are a Utility-specific Collections Agency
• Licensed to recover bad debt in all 50 states
• Corporate Headquarters/State of the Art Call
Center located in Winterville, NC
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Applicant Screening Best Practices and Benefits
Implementing Best Practices
• Verify applicant identity and prevent application fraud. • Screen a co-applicant if available.
• Capture as much information as possible during the application process • Implement a risk-based customer evaluation for possible additional procedures (co-applicant)
Benefits
• Verify identity, detect fraud and assess the risk of doing business with applicants
• Reduce lost revenues and costly write-offs
• Exchange Database Access
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Applicant
Screening Process
Integrates directly with customer accounting software currently used.
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Applicant
Screening Process
Identification Verification
- Check to make sure we have the correct and most
up to date customer information possible
Easy to distinguish Red Green or Yellow result
- Green or Yellow - Proceed through the normal
account-start process
- Red result - Require a second signer with a
green or yellow result
Staff are not proposing changing the deposit amounts
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Applicant Screening
Process
Exchange Advantage • Displays unpaid utilities including power, phone, gas, sewer, and cable.
• If a new service applicant owes another
utility, ONLINE can set the deposit decision
to the maximum amount so you are
protected.
• Disconnects for Non-Payment are
continually updated by other Exchange
members and reported here.
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Exchange
Members
Rental Utility
6,000+ utility &
property management
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Applicants Without an SSN and Businesses
Alternative Best Practice:
• Collect the driver’s license or state ID number
• If neither is available, request an additional signer Business accounts:
• Collect the SSN of a business owner signing for service 8 551122 of 669933
Collections Process
Efficient Account Processing
• Secure referrals enter the system the
same day
• Updated contact information helps
notices reach customers
• Nightly updates prioritize accounts for
collector follow-up
Personal customer service
• A dedicated utility team speaks directly
with customers
• Collectors discuss payment options with
respect for each customer
• Payment plans or settlements follow
City-approved requirements
ONLINE reports updating addresses on 29% of referred accounts before the first notice 551133 of 669933
Costs of Services
• About $1,573 to $1,708 annually for
primary screenings
• $3.37 per Utility Exchange screening
• $30 monthly web access
• Additional signer screenings increase the
cost
• Collections fee is 35% of amounts
recovered
• Staff recommends up to 20% vendor
discretion
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10 Questions?
Thank you for your time!
(866) 630-6400
[email protected]
www.ONLINEUtilityExchange.com
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[ONLINE INFORMATION SERVICES, INC.] August 28, 2026
685 W. Fire Tower Rd. • Winterville, NC 28590 • (866) 630-6400 Response to
Request for Proposals:
Utility Applicant Screening and Collection Services
August 28, 2026
Primary Contact
Shane Burger, National Account Executive
866-630-6400
[email protected]
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[ONLINE INFORMATION SERVICES, INC.] August 28, 2026
City of Cotati RFP Page 2
Table of Contents
EXECUTIVE SUMMARY........................................................................................................................................... 4 QUALIFICATIONS AND RELEVANT EXPERIENCE ......................................................................................................6 ABOUT ONLINE............................................................................................................................................................6 LITIGATION INFORMATION ...............................................................................................................................................6 COMPANY OPERATIONAL OUTLOOK...................................................................................................................................6 STAFF QUALIFICATIONS ......................................................................................................................................... 7 KEY PERSONNEL.............................................................................................................................................................7 ORGANIZATIONAL CHART.................................................................................................................................................8 PROJECT EXPERIENCE............................................................................................................................................. 9 WORK PLAN......................................................................................................................................................... 10 SAMPLE IMPLEMENTATION AND SUPPORT RESOURCES ........................................................................................................10 IMPLEMENTATION ........................................................................................................................................................11 PROPOSED TIMELINE.....................................................................................................................................................12 APPLICANT SCREENING SERVICES.....................................................................................................................................12 Overview of the ONLINE Utility Exchange Report...............................................................................................13 Applicant Identification and Fraud Protection ................................................................................................................. 14 Applicant Credit Rating..................................................................................................................................................... 15 Exchange Results and Unpaid Utilities ............................................................................................................................. 15 Adverse Action Letter/Score Disclosure........................................................................................................................... 16 ID VALIDATION REPORT ................................................................................................................................................22 COMMERCIAL APPLICANT SCREENING (OPTIONAL) .............................................................................................................22 Business Verification Report ...............................................................................................................................22 TYLER TECHNOLOGY INCODE 10, ERP PRO 10 INTEGRATION................................................................................................26 DEBT COLLECTION SERVICES...........................................................................................................................................28 Workflows...........................................................................................................................................................31 The Exchange Advantage....................................................................................................................................33 File Upload Process.............................................................................................................................................35 USER AUTHENTICATION AND ROLES.................................................................................................................................36 COMPLIANCE SUPPORT..................................................................................................................................................36 SERVICE LEVEL COMMITMENTS ........................................................................................................................... 37 CYBER SECURITY PLAN......................................................................................................................................... 37 REPORTING CAPABILITIES .................................................................................................................................... 38 APPLICANT SCREENING..................................................................................................................................................38 Report List...........................................................................................................................................................38 Statistical Report.................................................................................................................................................39 COLLECTIONS ..............................................................................................................................................................40 Acknowledgement Report...................................................................................................................................40 Accounts Loaded by Date....................................................................................................................................40 Performance Report............................................................................................................................................41 Account Status Report.........................................................................................................................................41 Batch Track Report..............................................................................................................................................42 REFERENCES......................................................................................................................................................... 43 AFFIDAVIT OF ACCURACY .................................................................................................................................... 44 PROPOSER INFORMATION FORM ........................................................................................................................ 45 551177 of 669933
[ONLINE INFORMATION SERVICES, INC.] August 28, 2026
City of Cotati RFP Page 3
CONFLICT OF INTEREST STATEMENT .................................................................................................................... 46 ETHICS STATEMENT ............................................................................................................................................. 47 SUBCONTRACTORS AND THIRD-PARTY SOFTWARE PROVIDERS .......................................................................... 48 FIRM PRICING PROPOSAL (OPTION C - COMBINED SERVICES).............................................................................. 49 APPLICANT SCREENING..................................................................................................................................................49 DEBT COLLECTIONS ......................................................................................................................................................49 OPTIONAL/ADD-ON SERVICES ........................................................................................................................................49 EXCEPTIONS......................................................................................................................................................... 50 ADDITIONAL INFORMATION................................................................................................................................ 51 SAMPLE CERTIFICATES OF INSURANCE ..............................................................................................................................51 551188 of 669933
[ONLINE INFORMATION SERVICES, INC.] August 28, 2026
City of Cotati RFP Page 4
Executive Summary
ONLINE is pleased to provide this proposal in response to the RFP for the City. The intent of the following proposal is to outline the scope and deliverables of our applicant screening and collection services to meet the requirements defined by the City.
ONLINE has extensive experience providing Utility Applicant Screening and Collection Services to our municipal utility clients and a proven track record in performing exactly the type of services which are requested for clients in all 50 states. ONLINE has been in business for 70 years and has over 30 years of utility experience. ONLINE currently provides its unique ONLINE Utility Exchange and Collection Services to thousands of clients nationwide. We are also a long-time integration partner of Tyler Technologies and all screening services outlined below can be delivered through your Incode (Enterprise ERP Pro) software.
We look forward to working with you on this project and are prepared to start at a time convenient to the City.
ONLINE is Unique in the Industry: The Exchange Advantage Applicant Screening
As a member of the Utility Exchange, you will know instantly if an applicant has left another member of the Exchange with an outstanding debt. Each Utility Exchange Report will include Exchange results if the applicant has outstanding debt with any of our 1,000 utility or 4,000 property management clients. This information is ONLY available through the ONLINE Utility Exchange and is updated in real time. If there is any utility debt associated with the applicant’s credit history, it will be isolated and reported on the returning Utility Exchange report.
When former City customers who have left with a bad debt apply for new service with one of ONLINE’s 5,000+ credit screening clients (data contributors), ONLINE will automatically highlight that debt on the Utility Exchange report, which will result in the applicant being charged a maximum deposit and them receiving an Adverse Action letter with instructions to pay their debt to the City. The City may manually print these for free, or to further streamline the application process and save your staff valuable time, ONLINE also offers an automated Adverse Action Letter Service where we mail the required notices on your behalf. Please see pricing for the cost of this option.
Debt Collections
As a result of providing point of application ID verification and risk assessment solutions, we are also able to leverage this Exchange database to capture information on debtors, which is not available to any other company. Because we have over 1,000 utility clients and over 4,000 property management clients (i.e., apartment complexes, etc.) in the U.S. utilizing our application and risk assessment solutions, our internal databases yield powerful information on debtors. For example, when a customer leaves a utility company and moves to another location, we often immediately capture the individual’s updated contact information from one of our property management or other utility clients when the applicant’s information is passed through our system. This new contact information is not typically available to, or published by the national credit-reporting bureaus normally for at least six months. We then deliver this updated debtor information to our collection services business for follow up and prioritized collection action. This entire process is called our “Exchange Advantage,” which represents a competitive advantage for ONLINE over other agencies and a significant potential collection “lift” for the City.
Finally, ONLINE offers the following additional resources and capabilities to achieve superior performance:
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[ONLINE INFORMATION SERVICES, INC.] August 28, 2026
City of Cotati RFP Page 5
• An excellent labor pool for hiring – ONLINE’s close proximity to East Carolina University and several large employers gives us access to well-qualified applicants. • Significant infrastructure capacity to accommodate the City’s business – ONLINE’s system has the bandwidth to process thousands of reports per day with excellent up-time and place thousands of calls to debtors. On the low end, we process around 10,000 reports per day.
Turnaround time for our reports is 1-3 seconds depending on the client’s internet connection.
ONLINE stores reports for 90 days for immediate access through our website, and for five years in archive. All collection records are retained until recalled by the client or in accordance with the FDCPA and FCRA.
• Superior technology infrastructure and resource expertise – Boasting cutting-edge technology backed by our expertise in data transfer and process automation, ONLINE delivers creative and impactful solutions to your screening and bad debt challenges. Our integration with Tyler Technologies Incode (Enterprise ERP Pro) provides a seamless platform through which to access our screening services.
• Custom Development Experience – ONLINE’s developers have extensive experience delivering custom solutions to clients, including some of the largest utilities in the nation. This allows ONLINE to implement quickly and meet all the data elements required by the City. Additional development costs may apply.
• Strict compliance procedures with all Federal, State and PUC regulations – ONLINE prides itself on our compliance record, and a large portion of our initial and ongoing staff training effort is dedicated to these important regulations.
• Rigid security standards – As part of its commitment to security, ONLINE maintains compliance with the SSAE18 Standard, undergoing annual third-party audits to ensure our clients’ sensitive data and our internal systems remain secure.
ONLINE would be proud to be selected as the City’s screening and collections provider. In summary, we have the ability and capacity, both financial and infrastructure, backed by 30 years of success in Utility new applicant screening and collections, to be a worthy partner of the City. Our references will speak to the high level of integrity, character, and performance of ONLINE over many years of relationship. 552200 of 669933
[ONLINE INFORMATION SERVICES, INC.] August 28, 2026
City of Cotati RFP Page 6
Qualifications and Relevant Experience
About ONLINE
ONLINE Information Services, Inc. is a Sub-Chapter S North Carolina Corporation owned and operated by the Blair Family (James Blair-CEO, John Blair-President, Marsha Blair-Treasurer, Rebecca CunninghamVice President, and Elizabeth Skains-Vice President) with revenues in the last fiscal year totaling $23,838,308. ONLINE’s philosophy is simple: “treat every client like they are our most important client” and “treat everyone we come into contact with as we would want to be treated if we were in the same position.”
Based in Winterville, North Carolina, we operate one corporate location from which all of our services are provided to our clients by our staff of 60 employees. See below for key personnel who will directly support your account. ONLINE has served utility clients specifically for over 30 years and has been in continuous operation for 70 years. We are a national utility-specific collections agency and provide credit risk-assessment services to over 1,000 utility clients, including over 300 municipalities, in all 50 states. We currently serve 14 clients through our integration with Tyler Technology Incode 10, ERP Pro 10 and 44 utility clients in California.
ONLINE is a member of the Consumer Data Industry Association, Professional Background Screeners Association, ACA International, and the North Carolina Collectors Association. Our membership in these key industry associations shows ONLINE’s commitment to ensuring we remain at the forefront of federal, state, and local regulations as they pertain to providing collection and credit reporting services to our clients.
Litigation Information
ONLINE has an impeccable compliance record and currently holds a Better Business Bureau rating of A+.
Because we operate one of the largest credit reporting and collection agencies in the country, we do receive a number of complaints from that section of our business, the vast majority of which are without merit and primarily involve collection reporting issues between us and our clients. A very small percentage of these are settled as a prudent and normal course of business. Over the past few years, we have been named in less than ten court actions per year on average.
Company Operational Outlook
ONLINE is a stable, family run business with no plans for mergers or acquisitions in the foreseeable future that would impact our ability to serve the City. 552211 of 669933
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Staff Qualifications
The following staff members will directly support the City’s account through testing, implementation, and deployment. On average, they have almost 20 years’ experience in providing solutions to municipal utility providers.
Key Personnel
J.W. Blair – President
John W. Blair is the President of ONLINE Information Services, where he oversees its Credit Reporting, Consumer Reporting, Mortgage Reporting, and Third-Party Collection Services. Mr. Blair has worked with ONLINE Information Services for over 20 years.
Mr. Blair attended North Carolina State University where he earned a Bachelor of Arts in Business Administration. He went on to earn a Master’s in Business Administration from East Carolina University.
He is a past President of the North Carolina Association of Collection Agencies where he currently serves on the Board of Directors, as well as serving on DAKCS Software System’s Advisory Board.
Christoph Turner – Director of Sales and Marketing
Mr. Turner has been employed with ONLINE since 1992. He possesses extensive experience in utility applicant screening and collections and has always advanced the technological premise of ONLINE to meet the needs and growing technological demands of our clients. In regards to educational experience, Mr. Turner received a Bachelor of Science degree in Economics from East Carolina University. He is both Fair Debt Collections Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA)-certified.
Shane Burger – National Account Executive (Primary Contact/Project Coordinator) (866) 630-6400
[email protected]
Mr. Burger joined ONLINE in January, 2014, and will leverage his experience in providing solutions to companies across the U.S. that have helped them achieve their business needs in the areas of Information Services. He will leverage his knowledge of applicant screening and prior experience systems integrations to ensure that ONLINE exceeds your expectations and will serve as the main contact for the City. He has an MS in Technology Systems from East Carolina University 2018.
Karen Murphy – Strategic Alliance Director
Mrs. Murphy originally joined ONLINE in 2007 as Utility Account Executive. After a stint working with a large utility CIS software development company overseeing their client integrations, she returned to ONLINE to manage the companies’ vendor partner relationships. Her experience with the CIS software industry from the software provider perspective and her years of serving the utility industry puts her in a unique position to help deliver ONLINE’s products and services to the utility and telecom spaces. She will serve as an executive-level liaison position for the City, overseeing this implementation and ongoing maintenance of the integration.
Anna Lancaster – Customer Service Manager
With over seven years of experience at ONLINE, Mrs. Lancaster brings a wealth of knowledge regarding ONLINE’s products and services and regulatory compliance. She and her team work with our clients to meet their needs and field any questions regarding ONLINE products, billing, or to schedule staff training. ONLINE’s customer service staff is available to our clients to resolve any day-to-day issues that may arise.
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Jon Burns – Director of Information Technology
Mr. Burns was promoted to Director of IT in 2012 after 13 years of service at ONLINE as Senior Developer. He and his staff develop easy to use Internet-based and integrated credit reporting solutions for multiple industries, and provide technical support to ONLINE’s customers. ONLINE’s IT staff is available to address any technical issues, as well as help the City test and implement the Incode (Enterprise ERP Pro) and web portal integration.
Tina Mozingo – Collections Manager
Mrs. Mozingo was recently promoted to Collections Manager. She joined ONLINE in 2017, progressing through several roles in collections management and compliance. She is FDCPA and FCRA-certified, and has 8 years of collections management experience. Mrs. Mozingo is responsible for maximizing recovery of our clients’ accounts within the guidelines specified by our clients.
Collections Staff
We believe that creating a professional staff is the result of a three-step approach:
1. An exhaustive interview and evaluation process leading to hiring the person with the greatest potential for success. All employees are screened using E-Verify.
2. An intense month-long training session combining two weeks in the classroom and two weeks hands-on training, with training accounts, which yields a knowledgeable and prepared employee. By the third day of training, the employee must pass the American Collector’s Association FDCPA test or our relationship will end before they ever actively work a current account.
3. An ongoing training process emphasizing attention to individual needs as well as an understanding of how the individual fits into the overall scheme of the company. All collectors are FDCPA and FCRA-certified annually.
Organizational Chart
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Project Experience
ONLINE currently serves over 1,000 utilities throughout the US, including 44 in California alone. This national presence and local experience has enabled ONLINE to remain compliant with the various statutes and regulations required in all 50 states, including the state of California.
Our client base includes some of the largest municipal and investor-owned utilities in the county, so we have extensive experience providing applicant screening and collection services exceeding the scope and volume presented in this RFP. Our collection agency consistently ranks first or a close second in head-to-head competitions and the majority of our client relationships go back over 10 years. We have also integrated our services with hundreds of clients’ CIS and public-facing websites. We will leverage this experience and longtime Tyler partnership to ensure a smooth transition to our services. 552244 of 669933
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Work Plan
Sample Implementation and Support Resources
Because we have an existing integration with Tyler Technologies Incode (ERP Pro), all development necessary to deliver our services through the interface has been completed. The following represents a typical integration onboarding process, showing possible ONLINE and City resources that will be required. Please note that we will work with the City to develop a custom plan specifically for your needs after award:
ONLINE Information
Services, Inc.
Location FTE% City of Cotati
Implementation/Testing
Karen Murphy, Strategic
Alliance Director
Primary escalation point of
contact. Available to the City as
needed during ONLINE
business.
Jon Burns, Director of IT
Second tier escalation point of
contact for technology and
issues. Available during
ONLINE business hours.
Will Edwards, Senior
Developer
Second tier escalation point of
contact for technology issues.
Available during ONLINE
business hours.
Shane Burger, National
Account Executive
Third tier escalation point of
contact for day-to-day issues
and coordination as needed.
Available during ONLINE
business.
Jessica Young,
Trainer/Support
Involved in the pre-go live
training and ongoing training of
*Remote
*Remote
*Remote
*Remote
*Remote
*Remote
100%
100%
100%
100%
50%
50%
City Stakeholders/
Resources
Call Center Operations
Management
New Service Application
Process Owners
Back Office Escalation
Management Team
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the City staff on our products
and solutions.
Support
Shane Burger, National
Account Executive
Dedicated Account Manager
for day-to-day
performance/contract issues
and coordination as needed.
Available during ONLINE
business.
Jessica Young,
Trainer/Support
Involved in postimplementation training and
ongoing support of the City
staff on our products and
solutions.
Customer Service
Department
Handles day-to-day support
inquiries for the City and
consumers.
IT Department
Second tier escalation for
technical issues.
*Remote
*Remote
*Remote
*Remote
50%
50%
50%
50%
Implementation
During the initial setup phase, ONLINE’s staff will coordinate a kick-off conference call or meeting which will include the City’s ONLINE Account Executive, ONLINE’s Customer Service Manager, ONLINE’s Collections Manager, ONLINE’s screening manager, and ONLINE’s Director of IT. During this meeting, we will discuss and establish a customized plan for the City for applicant screening and collection services, including the automated account referral processes and procedures, creating a testing schedule of the Tyler integration, as well as schedule periodic conference calls between key individuals at the City and ONLINE for ongoing communication of any issues and their resolution.
The ONLINE Account Executive assigned to the City will be available to coordinate on the utility’s behalf with all of the key individuals involved with your account. ONLINE’s Customer Service staff is available to our clients to resolve any day-to-day issues that may arise. Our IT staff is available to address any file transfer or layout issues, and help your organization in any way possible to automate the referral and payment reporting process.
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The City should rest assured that ONLINE and our staff stand ready to assist you throughout the life of the contract, including the development of custom solutions and ongoing training for your staff at no additional charge. If awarded the contract, ONLINE will have all required mechanisms in place to begin collecting the City’s debt within 30 days. Please contact your Tyler representative for information regarding the time required to activate the ONLINE screening interface within you platform.
ONLINE offers free training during implementation and throughout the relationship to help our clients receive the greatest benefit from our products and services. These training sessions can be scheduled at the City’s convenience and are delivered via Zoom (Web-based). All copies of training materials (user documentation) will be made available to your staff. ONLINE also offers context-sensitive help embedded directly in our web-based products.
Proposed Timeline
Because the integration is already available through your CIS, no development work is required. ONLINE will provide you and your staff with credentials during implementation and training which you will enter into ERP Pro to enable access to our services. There is no cost to the City from ONLINE for interface access. Please consult your Tyler representatives to ensure your system is properly configured for ONLINE access and to discuss any charges that may apply.
Applicant Screening Services
Having served utility clients for three decades, ONLINE understands the scope and nature of the work required to provide our applicant screening and debt collection services to your organization. We have the staff, resources, and technology in place to meet your existing needs and new innovative solutions, like our Business Verification Report and Bureau Redundancy, which helps to maximize system uptime, to serve you well into the future.
ONLINE has over 30 years of experience in providing the services requested within this RFP. ONLINE uses the latest predictive scoring model to assess risk and then applies ONLINE’s own modeling based on our Exchange data and the applicant’s past utility payment history. It is 99% accurate in predicting the likelihood of a consumer paying their utility bill two years into the future. We use this approach because a good portion of credit bureau scoring models are heavily weighted because of medical bills and other unpaid bills that have little to do with whether the applicant will default on their utility bill. This ensures quality results for our clients.
The ONLINE Utility Exchange provides positive identity verification, risk assessment, and credit history.
Any portion of the ONLINE Utility Exchange Report can be suppressed from view if requested by our clients. This powerful tool is designed to deliver a deposit decision based on the City’s risk standards. As the leader and pioneer of this method of risk assessment, ONLINE delivers the most comprehensive tools to utility companies available today.
Our report can display any message under 150 characters to the CSR for direction in taking an appropriate deposit. The report returns a score section in the Exchange report that displays a risk factor and a graphic, based on the stoplight system, to indicate how the CSR should proceed.
ONLINE Utility Exchange prioritizes unpaid utility bills in our scoring model and that sets us apart in our deposit decision feature. ONLINE has millions of unpaid utility bills in our proprietary Exchange database that are not reported anywhere else, plus all of those reported to Experian. We are able to 552277 of 669933
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score every adult American. If an applicant has an unpaid utility bill, we force a maximum deposit on those particular applicants. This allows our clients to protect themselves from these utility non-payers.
Through the ONLINE Utility Exchange, our members are able to assess the risk of providing service to a new applicant and assess an accurate deposit at the point of application to prevent a bad debt from ever occurring. The Exchange returns ID Verification information, a Deposit Decision, and the Utility Exchange Data in 3-5 seconds. Due to changes in the Fair Credit Reporting Act and the additional responsibilities of utilities with regard to the Red Flag Rules and Dodd-Frank, our clients are able to leverage their use of the ONLINE Utility Exchange to be in compliance.
Overview of the ONLINE Utility Exchange Report
The ONLINE Utility Exchange is the total solution to eliminating bad debt at the point of application.
Offering instant identity verification, customizable deposit decisions based on the City’s needs, and full FCRA compliance, including embedded Adverse Action Notices on applicable reports, our reports are powered by our proprietary Exchange data and are accessible through our integration with Tyler Technologies Incode/ERP Pro.
Verifies new service applicant
is providing the correct
identity information.
Accurately assesses the risk of
doing business with the new
service applicant and
highlights unpaid Exchange
Hits. Deposit thresholds are
completely customizable.
Allows members to track nonpayers and require an
increased deposit based on
the fact that the applicant
does not pay their utility bills
specifically.
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The ONLINE Utility Exchange report offers your utility a “total solution” to eliminating bad debt at the point of application and changes the dynamics of your relationship with your customers.
Applicant Identification and Fraud Protection
The SSN Verification section is designed to identify fraud and potential identity theft at the point of application. The following SSN Verification messages are returned, along with any CRA alerts, with applicable reports based on what identification information applicants submits with their application:
Good Match - The information on the application matches the information on the credit file. The consumer’s ID is validated for you.
Match to Other Name - The SSN you entered is associated with another name. Many times, there is a simple name variation (middle initial, maiden name, shortened or lengthened version of first name).
Ask applicant to provide valid ID.
No Record Found - The SSN hasn’t been used to apply for anything requiring a credit check. Common with younger applicants. Does not necessarily indicate that the SSN is invalid or “bad.” No Match - One of the strongest indicators of fraud, but it doesn’t necessarily mean that fraud has actually happened yet. The name and SSN entered have never been associated with one another. Ask applicant to provide valid ID.
Deceased - Displays when either the credit bureau or the Social Security Administration has labeled the SSN as deceased. Verify the SSN was entered correctly. If the SSN was transposed, it could be the SSN linked to a deceased individual. If the SSN is correct, ask the applicant to provide valid ID.
Non-Issued - Displays when there is no record of an SSN being issued by the Social Security Administration. It does not necessarily mean the SSN is not valid. SSN randomization makes it difficult to track whether and when the Administration issued an SSN. Request valid ID from the applicant.
Through our extensive experience in working with utilities throughout the US, we have found that:
• 70% of all applicants apply using a social security number that is the applicant’s correct social security number (Good Match);
• 20% apply with a name variation like the Match to Other Name example above; • 5% are committing identity fraud (No match)
• 3% are using a deceased or non‐issued SSN
• 1% are using an SSN that belongs to someone below the age of 18 • 1% of applicants have no file (No Record Found)
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This section also returns all CRA (credit reporting agency), and Red Flag Rule Alerts that are required by the FCRA to be Red Flag compliant as Additional Alerts.
Applicant Credit Rating
Our deposit decisions allow you to mitigate your risk of doing business with those applicants who pose the greatest risk for non-payment, while allowing you to treat your best customers with the respect they deserve. The Utility Exchange shifts the burden of bad debt off of the shoulders of your paying customers by reducing or eliminating deposits for those low-risk customers. You can quickly identify the marginal and high-risk applicants and charge them a deposit that mitigates your risk up front.
The ONLINE Utility Exchange report displays the deposit decision as a color-coded light system to simplify your decisions. These decisions and the messages displayed to your CSRs are customizable to your organization’s needs:
Applicant poses little to no delinquency risk.
Waive deposit.
Applicant poses medium delinquency risk.
Charge standard deposit.
Applicant poses high delinquency risk.
Charge maximum deposit.
These two sections combined - fraud detection and charging an appropriate risk-based deposit - eliminate as much as 75% of your charged-off bad debt at the point of application. We have found across our entire customer base that 15% of bad debt is eliminated by identifying application fraud – including identity theft. The remaining risk is reduced significantly because you shift your bad debt burden to those applicants with poor credit and a history of utility non-payment.
Exchange Results and Unpaid Utilities
The final section, Exchange Results and Other Unpaid Utilities tells you whether this applicant pays their utility bills. We pull the Exchange Results from our other Exchange members, so you get all of the charged-off accounts from all Utility Exchange Members returned in this section in real time. This means that the City of Cotati has the best possible information at the point of application and increases the likelihood of recovering your charge-offs. We scrape any unpaid utility bills off of the credit file and highlight those for you. The great thing here is that if your applicant owes another utility, the deposit decision is automatically adjusted based on your policies.
If the applicant is charged a higher-than-normal deposit, ONLINE includes the adverse action letter and required score disclosures directly on the report. You have the option to print that in your office, or we offer an automated letter service (additional charge) that mails the required notices to the consumer.
That Adverse Action letter takes your CSR out of any dispute about the adverse action (charging a higher deposit). If that consumer or any consumer owes your utility money, it shows up on the adverse action letter and that triggers a psychological flag that raises the value of that unpaid bill in that consumer’s mind.
Finally, the demographic data: i.e. name, address, social, phones, place of employment, and any other data you enter into your application screen, is scraped as it is submitted to pull your Utility Exchange file and that demographic data is then systematically compared to charged-off bad debt in our system at our collection agency and those accounts are then called and their past-due amounts collected. 553300 of 669933
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Adverse Action Letter/Score Disclosure
The required Adverse Action and Score Disclosure notices are automatically embedded in applicable reports where the applicant is charged a higher than normal deposit. We also offer an automatic letter service (optional, additional charges apply) where the required notices are mailed to the consumer.
Sample with required disclosures
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Dodd-Frank Score Disclosure
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ID Validation Report
Our ID Validation-only report validates the applicant’s identity information as sent to ONLINE. It provides demographic information matching as well as fraud/Red Flag alerts, to include frozen/locked file, consumer fraud alerts, active duty alerts, and deceased. It can also be configured to return a Pass/Fail message based on your policies:
Commercial Applicant Screening (Optional)
Commercial and business applicants can be screened through our Tyler integration or website. We offer a newly developed Business Verification report which provides a quick solution to access all 50 Secretaries of State and the IRS to validate commercial legal entity and to confirm the Federal Employer Identification Number (EIN) in real time. Many of our clients utilize a waterfall approach to screening commercial applicants to help keep costs down. This involves first requesting the Business verification report. If the applicant is successfully validated, then a commercial credit screening product is requested based on the utility’s policies. We have included pricing for the Business Verification Report in this response. We are happy to discuss the waterfall option with you during the implementation process.
Business Verification Report
ONLINE provides a quick solution to access all fifty Secretaries of State and the IRS to validate commercial legal entity and to confirm the Federal Employer Identification Number (EIN) in real time.
Know Your Business Customer
• Quickly search all 50 Secretaries of State to verify legal name and active status • Validate Federal Employer Identification Number (EIN) against IRS • Reduce AHT for Business Representatives to onboard a commercial customer • Allow commercial customers ability to apply online
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• Confirm correct information is on file for account
Ensure Verified EIN Before Adding to Record
• Submitted EIN is validated directly against IRS
• Immediately informed when EIN does not match business name • Commercial applicant may apply for service prior to securing EIN • IRS lag time may not reflect EIN
• May be subject to penalty if reporting deposit interest with wrong EIN and/or name on 1099 INT • Eliminates need to request and manage W-9s
• Can be validated and appended on demand
Benefits of Having Good Records:
• Reduces the inability to quickly identify the pre-petition debtor to cease billing and risk sanctions on bankruptcy filings
• Allows the ability to obtain accurate credit data
• Postures for commercial scoring and credit monitoring • Avoids delays in matching surety bonds and letters of credit to active accounts • Eliminates concern when duplications occur between EIN and Social Security Number ONLINE can verify the name and EIN on the existing commercial portfolio, in batch, to ensure the accuracy of both name and EIN or capture the EIN on records where EIN was not provided, was not on record with the IRS at account initiation, was inaccurate or removed. Additionally, this batch process can indicate if the business entity remains active or had a change in legal status, such as revoked, merged, or inactive.
ONLINE’s solution can be fully integrated and automated with the CIS or available through our web portal. It reduces AHT for business representatives to verify business names and follow up necessary when the name is inaccurate.
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Sample Results
Valid, Active Entities results based on information provided by customer and varies between 70% - 84% Verification Responses
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Sample Report
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Tyler Technology Incode 10, ERP Pro 10 Integration
ONLINE partnered with Tyler Technologies almost a decade ago to integrate our applicant screening services within their Incode ERP Pro and Munis ERP platforms. Through the ERP Pro 10 integration, City staff can access the power of the ONLINE Utility Exchange report directly through your Tyler software.
Because the integration is in place, additional or new development is not required. There is no cost to the City from ONLINE for interface access. Please consult your Tyler representatives to ensure your system is properly configured for ONLINE access and to discuss any charges that may apply. All data is encrypted in transit and at rest by ONLINE to keep your data secure. Data exchange between Tyler and ONLINE is based on our API. Please contact Tyler for information regarding the interface, including reporting options, import/export capabilities, and support of the integration. *Please note – the following screens are for demonstration purposes only and may differ from the screens you see in your software.
1. Navigate to the Contact you would like to screen, drilldown, and select the contact. Once selected, the ONLINE Utility Exchange icon will be enabled.
2. If you have access to multiple reports, when you click the ONLINE Utility Exchange icon, the system will bring up the ONLINE Utility Exchange report selection view. NOTE: If the user only subscribes to a single report, when the user clicks the ONLINE Utility Exchange icon, the system will go directly to the report bypassing the selection view.
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3. Select the report you would like to generate and click the Run Selected Report button.
4. The report will open up in a browser window:
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Debt Collection Services
Once accounts are referred to ONLINE, they are entered into our DAKCS collection system on the same day and assigned to our dedicated Utility Collections Team. ONLINE is able to accept accounts from our clients via a secure FTP site, our secure https website, middleware, integration with ERP systems, or any other electronically secure method. An acknowledgement report is then sent to your office showing the detail of the accounts.
Through our
Exchange databases
29% of all addresses
are updated before
the Validation Notice is
sent.
As a top-tier reseller of Experian credit information, ONLINE has developed a very significant business in the Utility sector, providing point of application ID verification and risk assessment solutions to over 1,000 Utility clients, with clients in all 50 states. In addition to this significant Utility credit reporting business, ONLINE also has a significant Utility Collections business, with over 700 collections clients and collections clients in all 50 states as well.
To achieve extremely high-performance results in these two businesses through industry specialization, ONLINE focuses on only three Industries—Utilities, Property Management and Healthcare. As both a credit reporting agency and a collection agency, we have the unique ability to capture the new utility applicant address and phone information (in excess of 4,000,000 transactions a year), as the new utility applicant is assessed through ONLINE. As the new utility applicant is being processed through ONLINE, we then scrape that new applicant contact information from the utility application, and then match that new contact data to the accounts housed in our collections system overnight. The collection account, updated with the new contact information, is then prioritized into a collector’s work queue for calling the next morning.
We call this process of matching the new contact information gleaned from our credit reporting business with our clients’ collections accounts in our collections system the Exchange Advantage. This is truly a unique capability as we have access to this new contact information before anyone else receives it. This provides ONLINE with the ability to call your debtor first, and significantly improves our recovery rates for clients.
In addition to updating the debtor’s information, ONLINE also screens the accounts for commercial, bankruptcy, and deceased debtors, so these accounts may be sent to a department that specializes in that type of debt. Individual attention to specific accounts assures that ONLINE will pay careful attention to each type of account.
Once addresses are verified, the Model Validation Notice is then printed and mailed. Generally, this will result in either a payment being made or a telephone call being generated by the debtor during which the collector will convince the debtor to pay the bill. Thus, ONLINE has a distinct advantage over other agencies that are unable to update the debtor’s address.
At this point, ONLINE searches its proprietary Exchange database and updates all of the demographic information on the debtor before the Model Validation notice is sent. This speeds up the delivery of the required notice to the account being referred to our agency for payment. We currently update addresses on 29% of accounts referred.
This means that, at a collection agency that does not have ONLINE’s demographic database, 29% of the first notices would go to a wrong address. ONLINE’s ability to update the debtor’s information before the first notice assures you that more debtors will be contacted. This process enables ONLINE to consistently outperform other agencies. 554433 of 669933
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ONLINE is careful to strictly adhere to all Federal and State laws, including the Fair Debt Collections Practices Act (FDCPA). Under Regulation F of the FDCPA, there is a validation period of 30 days, during which the Model Validation Notice is mailed. As part of our conservative compliance approach, ONLINE adds an additional 15 days to the validation period, and we do not place phone calls during this time to reduce compliance risk.
After the validation period has passed, every account that has a phone number is worked by a member of our professional collection staff who specializes in the recovery of unpaid utility debts. Calls are placed to employer and/or home phone numbers per the frequency outlined in Regulation F, and the account will stay in the collector’s work queue until contact is made with the debtor.
Our automated system, featuring DAKCS software, offers a unique means of making certain the collector works each account before moving on to the next account. Our auto-dialer continuously dials debtors until contact is made, and then the dialer automatically passes the call to the collector. This transfer is a direct transfer and allows ONLINE to work all of your accounts in an efficient manner.
Once the debtor says “Hello,” the account appears on the collector’s screen, and they can ask to speak to the debtor immediately. This direct transfer is a unique feature and has virtually eliminated hang-ups.
The auto-dialer is a revolutionary collection tool that turns collector “dead time” into productive “talk time” by:
• Intelligently selecting and automatically dialing phone numbers. • Instantly transferring answered calls to collectors as if the collector had done the dialing personally.
• Monitoring the progress of each call using both predicative and collector-managed dialing. • Allowing our collection agency to define calling patterns.
We can support all of our collectors on the auto-dialer and make over 40,000 calls a day with unlimited overflow capacity and 200 seat licenses. There are no messages between calls asking the debtor to hold while a transfer occurs. This means that our collectors spend the day talking with debtors instead of manually dialing, waiting for an answer, and then leaving a message. The result is greater efficiency in the collections process.
Following the mandatory validation period and after contact has been made with the consumer, any information about a debtor is eligible to be placed on a credit file. ONLINE reports debts electronically to Equifax, Trans Union, and Experian twice per month.
Any time the debtor moves, we have access to the debtor’s new address and demographic information long before any other agency receives it thanks to our Exchange Advantage. Our systems automatically update accounts nightly and send those accounts back to the collector so that they are aware that the account needs to be contacted again. All of this occurs in an effort to recover your accounts in the most effective manner.
ONLINE Collections follows the golden rule of treating other people the way we would want to be treated. This extends to not only our dealings with consumers but our awareness that we represent you when calling your accounts. Experience in calling millions of debtors has confirmed in our minds that most people truly want to pay their bills if they can. Many agencies use high-pressure tactics and attempt collection through intimidation and fear. That simply is not the way we at ONLINE collect. 554444 of 669933
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Instead, we win the confidence of the debtor and help the debtor explore other avenues to produce payment in full. We have found that educating the debtor to other possible sources of income in turn allows them to pay their bills and maintain their dignity. This method reaps far more benefits than intimidation ever could. If Payment-In-Full cannot be secured, we work with the debtor to develop a meaningful payment plan or settlement consistent with the utility’s requirements. Throughout the entire process, our collectors are trained to treat your customers with respect.
Having served utility service providers throughout the U.S., ONLINE understands the scope and nature of the work required to successfully collect for the City. With our proprietary Exchange Advantage, we consistently outperform our competitors, which means we can recover your accounts faster and more efficiently than other agencies.
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Workflows
The following is a sample of ONLINE’s standard workflow for Primary and Secondary collection accounts.
Actual timeframes will be determined during implementation and may be adjusted based on client need and regulatory requirements:
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Dialer Processes
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Daily Campaigns
• Broken Promises/NSFs (automated) – Collector who setup arrangement works account. Depending on number of broken promises, pay arrangement is canceled. NSFs result in no more checks accepted from debtor.
• Cell Phones (manual) – If not provided by client, all cell phone numbers are worked manually per compliance requirements.
• New Business (automated):
o High Score
o High Balance
o Mid-Scores
o Low Scores
• New Phone #s (automated) – From Exchange Database
• Client-specific Campaigns (automated)
• Geographic campaigns (automated) - (ONLINE will run geographic type campaigns, especially for those states that have specific rules and regulations that differ from the federal FDCPA. This allows management to work with the collectors to know the specific rules for working the accounts in that state. Prevents non-compliance complaints.)
The Exchange Advantage
The key to ONLINE’s success is our proprietary Exchange database which updates all of the demographic information on the debtor before the first notice is ever sent. This data is proprietary to ONLINE. The result is that our validation notices are updated to a proper address for the debtor before it is mailed.
This speeds up the delivery of the notice to the debtor of the account being referred to our agency for payment. We currently update addresses on 29% of accounts referred. This means that at a collection agency that does not have ONLINE’s demographic database 29% of the validation notices would go to a wrong address and collection efforts might cease at that point. ONLINE’s ability to update the debtor’s information assures you that more debtors will be contacted. This process enables ONLINE to constantly outperform other agencies.
HOW IT WORKS
1. Accounts are typically referred with outdated or incorrect contact information:
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2. Your debtor applies for utility service or a lease at one of our nationwide Exchange Members using current contact information:
3. ONLINE receives your debtor’s updated information in real time and contacts them as soon as possible to achieve payment in full:
Through our Exchange database, our clients experience a collections “lift” over what traditional agencies offer as shown below:
We also use the three bureaus, as well as other sources, such as Lexis Nexis. 554499 of 669933
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File Upload Process
A Regulation F-compliant file of past due accounts may be exported directly out of your Tyler software and submitted to ONLINE through our secure website or SFTP. The following steps show how to upload the file to our website to begin collections:
1. Click File Upload then choose your account type (consumer or commercial):
2. Select the type of file you are uploading from the dropdown menu:
3. Click the Upload Files button:
4. Our system will process your file and check for any errors or exceptions. Your designated contact(s) will receive an Acknowledgement via email.
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User Authentication and Roles
ONLINE employs multifactor user authentication and IP address restrictions to ensure your account and our systems remain secure. On our side, users may be assigned to one of three roles – User, Supervisor, and Administrator – to limit access to information, including consumer PII, billing, and user administration. Administrator-level users have the ability to add, edit, and delete user accounts from ONLINE’s system. Please contact your Tyler Technologies representative for information on their security practices and user requirements.
Compliance Support
We provide compliance tools directly through our reports, including Adverse Action/Score Disclosure notices and Red Flag/CRA alerts. All collection activities conform to FDCPA requirements and all collectors are certified annually. To further ensure compliance, we deploy Balto Speech Analytics, which monitors all calls for inflammatory words. We use eOscar to intake and respond to consumer disputes.
Our Model Validation Notice has been reviewed and approved by legal counsel. 555511 of 669933
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Service Level Commitments
Historically, ONLINE has achieved a 99%+ uptime rate. This has recently been enhanced by our development of a Bureau Redundancy solution that automatically switches bureau sources if the primary bureau has a service interruption. We also employ a co-location with auto failover capabilities for our collection systems. Please note that the SLA guarantee only applies to factors directly under ONLINE’s control.
Our goal is to answer all client inquiries as they are received. When you call our office, you will speak to one of our representatives the large majority of the time. Our standard service expectations are that voicemails be returned in one to three hours and emails in six hours. If you need immediate assistance for a critical issue, please contact your account manager, Shane Burger, directly.
Standard reports are available through our secure website on demand. Custom reporting requested by the City (additional charges may apply depending on scope) can be delivered at a frequency of your choosing. We believe that open lines of communication are the key to any successful relationship.
During the kick-off call if we are awarded the business, we will schedule periodic conference calls to discuss performance and address any issues and develop a custom implementation plan complete with milestone dates and implementation steps to ensure a smooth transition to our services.
Cyber Security Plan
As both a collection agency and credit-reporting agency, ONLINE is bound by the requirements of the FCRA and FDCPA in regard to data security and confidentiality. Access to sensitive information is granted on a “need to know” basis, and our internal systems can only be accessed within our building. We also have implemented clean desk, no cellphones, and DLP policies throughout the organization.
We are SSAE-18 certified, which means our systems are rigorously tested and undergo regular intrusion detection audits. Furthermore, we use multi-factor user authentication and IP address restrictions to prevent unauthorized access to confidential information through our secure websites. All data is encrypted in transit and at rest. ONLINE constantly monitors industry trends and security best practices to ensure our systems remain protected, and we maintain cyber liability insurance ($10,000,000) to protect our clients. To date, we have never experienced a data breach, and our payment process is PCIcompliant.
We are happy to share our complete Data Security process documentation and most recent SOC II report upon request.
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Reporting Capabilities
The following standard reports are available on demand through our secure website. Access to reporting is based on user role established in our system, with User-level staff unable to access reports and billing information. Our developers have extensive experience creating custom reporting for our clients, and there is typically no charge for this development depending upon the scope of the request.
Applicant Screening
ONLINE offers a variety of standard reporting tools through our secure website, including real-time access to detailed listings of all credit reports grouped by user identification and score distribution reports. Please contact Tyler for information regarding reporting available through their CIS.
Report List
This report details all inquiries made through the ONLINE Utility Exchange, including report number, date and time of request, CSR name, alerts, and consumer name. Reports are accessible for 90 days through our website. Reports older than 90 days are placed in archive for five years. To access archived reports, please call our Customer Service department.
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Statistical Report
This report allows you to view historical information regarding screening results for you applicants. You can use this information to adjust your deposit thresholds to fully protect your organization:
Please note that ONLINE’s developers have extensive experience in creating custom reporting options for clients. Depending on the scope of the request, there is typically no charge for this development. 555544 of 669933
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Collections
ONLINE offers a variety of standard reports through our secure website to allow you to track where your accounts are in the collections process, view performance metrics, and acknowledge account referrals.
Our developers have extensive experience in creating custom reporting for clients, and at the City’s request, can develop additional reports to meet your specific needs.
Acknowledgement Report
Each time you refer accounts to ONLINE, your designated contact will receive an email with summary information and a direct link to the accounts referred for verification at your organization.
Subject: ONLINE Collections Has Loaded New Collection Accounts for [CLIENT NAME} Thank you for your recent referral to ONLINE Collections. ONLINE has loaded your collection accounts.
Please review the information below.
Summary Information:
Total Amount Loaded Yesterday: $23,712.17.
Total Accounts Loaded Yesterday: 226.
If these numbers do not accurately reflect what you believe was referred please login below and click on the link for the most recent referral date to verify the accounts. http://www.onlineis.com/start/login.asp?action=acknowledgment&site=O Thank you,
ONLINE Customer Service
(800) 917-7817
Accounts Loaded by Date
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Performance Report
Account Status Report
Instantly view where your accounts are in the collections process:
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Batch Track Report
The following is a performance report from a current ONLINE client. Please note that the data shown below should not be construed as a guarantee of future performance:
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References
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Affidavit of Accuracy
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Proposer Information Form
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Conflict of Interest Statement
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Ethics Statement
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Subcontractors and Third-Party Software Providers
Due to compliance requirements that govern our industry, we do not currently subcontract any portion of our screening or collection services. While our collection management system was developed in partnership with DAKCS, all software accessible by the City (our website) was designed, developed, and is maintained by ONLINE. We would be happy to provide details on additional third-party data and software partners outside the public RFP process upon request by the City. 556633 of 669933
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Firm Pricing Proposal (Option C - Combined Services)
The following pricing will be valid for one hundred twenty (120) days following the proposal submission deadline.
Applicant Screening
ONLINE Utility Exchange ID Validation Report:
$1.95 per Applicant Screened. Provides ID Validation and any Red Flags/CRA Alerts.
ONLINE Utility Exchange Report:
$3.15 per Applicant Screened. Provides ID Validation with any Red Flags/CRA Alerts, Deposit Decision (Soft Credit Check), Exchange Hits, and Other Unpaid Utility Accounts.
Regulatory Recovery Fee:
$0.22 per applicant screened
Monthly Web Access Fee:
$30.00 per month
Interface Access:
There is no cost to the City from ONLINE for interface access. Please consult with your Tyler representative to discuss any charges that may apply.
Debt Collections
ONLINE Collections Contingency Flat Rate Fee:
35% on all monies collected on accounts placed with our agency.
Optional/Add-on Services
Automated Adverse Letter Service:
$1.50 per mailing
Business Verification Report:
$7.00 per applicant screened
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Exceptions
While ONLINE does not have specific exceptions to the terms outlined in the RFP documents, please note that many of the contractual requirements necessary to provide our applicant screening and collection services to clients are dictated to us by either the national credit bureaus or federal regulation, and therefore require inclusion in any agreement between ONLINE and your organization.
The final agreement between the City and ONLINE will be negotiated in good faith as part of this RFP process. If you have any questions regarding credit bureau or compliance requirements or would like to view samples, please contact Shane Burger for assistance. 556655 of 669933
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Additional Information
Sample Certificates of Insurance
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ADOPTION OF MULTI-HAZARD MITIGATION PLAN
Date: October 13, 2026
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution approving the 2026 Sonoma County Hazard Mitigation Plan (Volume 1), the Introduction and Cotati Annex (in Volume 2) and the appendices to Volume 2 and authorize staff to transmit the adoption documentation to Sonoma County and FEMA, as required.
Background
In 2021, the City of Cotati (City) adopted a detailed Hazard Mitigation Plan (Plan). This effort was in parallel with the larger Countywide update at that time, but due to a FEMA planning grant received by the City, the Cotati annex was more detailed than in prior cycles.
Adoption of the 2026 Sonoma County Hazard Mitigation Plan update every 5 years is a required step for maintaining eligibility for FEMA Hazard Mitigation Assistance grant programs.
Adoption of the plan does not obligate the jurisdiction to fund or implement any specific mitigation project; rather, it establishes an approved policy framework that supports future planning, funding, and resilience efforts.
Hazard mitigation is the use of long-term and short-term policies, programs, projects, and other activities to minimize the loss of life, injury, and property damage that can result from a disaster.
Hazard mitigation is the first step in reducing risk and is the most effective way to reduce costs associated with hazards. This hazard mitigation plan examines our vulnerability to identify hazards and outlines actions that we can take to mitigate those hazards.
Due to the voluminous nature of the Plan, it is not practical to print the entire two volumes with the agenda packet. Therefore, staff have attached the relevant sections that are proposed for 556688 of 669933
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adoption from Volume 1 and Volume 2 with the agenda packet. However, the full Plan is available for review with the City Clerk at City Hall, 201 West Sierra Avenue and is also posted on the City’s website at: https://www.cotaticity.gov/326/County-Wide-Hazard-Mitigation-Plan Analysis/Discussion
The 2026 update reflects current hazard data, recent events, and updated vulnerability and mitigation strategies. Each jurisdiction participating in the plan must formally adopt a Hazard Mitigation Plan to maintain eligibility for funding under Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance grant programs.
This 2026 update to the plan was coordinated with 22 planning partners in the County. The process started in June of 2023 when we were invited by Sonoma County to participate in the planning process. The plan has been reviewed and was recently approved by both the California Governor’s Office of Emergency Services and FEMA.
The hazards examined in the plan include the following:
Dam failure
Drought
Earthquake
Extreme cold
Extreme heat
Extreme wind
Flooding
Landslide
Sea Level Rise
Tsunami
Wildfire
The risk and vulnerability associated with each of these hazards were determined for each participating jurisdiction, based on past events, past and predicted future losses, and the expected probability of future occurrence. From this data, we were able to identify actions that can be taken to mitigate the hazards. Our annex to the plan identifies our risk and vulnerability to the hazards and actions we can take to mitigate them.
The following goals were established for the 2026 hazard mitigation plan update:
1. Protect people and minimize loss of life and injury.
2. Minimize potential for loss of property, economic and social impacts, and displacement due to hazards.
3. Minimize potential for environmental impacts and consider a broad range of mitigation strategies, including nature-based solutions where feasible.
4. Communicate and improve public understanding of natural hazard risk to the whole community within Sonoma County.
5. Support the advancement of effective mitigation policies, programs, and projects that are adaptive, proactive, cost-effective, and environmentally sustainable to build a resilient Sonoma County.
6. Enhance the capability/capacity of the Sonoma County planning area to prepare, respond, 556699 of 669933
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and recover from the impact of natural hazards.
Upon adoption, the jurisdiction will remain eligible to participate in plan implementation, annual monitoring, and future updates, and may pursue mitigation projects identified in the annex through separate funding or approval processes. Maintenance of the plan includes a schedule for monitoring and evaluating the plan annually and producing an updated plan every five years.
Financial Considerations
Adopting the resolution has no financial impact on the City outside of the staff time required to compile the report and generate the council agenda item for approval. If and/or when a project is identified for implementation, the project will be brought to the City Council for consideration.
Environmental Issues
The proposed Hazard Mitigation Plan 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. 557700 of 669933
RESOLUTION NO. (XX)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
AUTHORIZING THE ADOPTION OF THE SONOMA COUNTY MULTIJURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, all of Sonoma County has exposure to natural hazards that increase the risk to life, property, environment, and the County's economy; and WHEREAS, pro-active mitigation of know hazards before a disaster event can reduce or eliminate long-term risk to life and property;
WHEREAS, the Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS, a coalition of Sonoma County stakeholders with like planning objectives has been formed to pool resources and create consistent mitigation strategies to be implemented within each partners identified capabilities, with the Sonoma County Planning Area; and WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) for implementing, evaluating, and revising this strategy; and WHEREAS, the action of adopting the MJHMP does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore no further environmental review is required.
NOW THEREFORE BE IT RESOLVED, that the City of Cotati:
1) Adopts the following portions of the Sonoma County MHJMP:
a. In its entirety, Volume 1: and
b. The Introduction and City of Cotati annex within Volume II; and c. The appendices of Volume II.
2) Will use the adopted and approved portions of the MJHMP to guide pre- and postdisaster mitigation of the hazards identified. 3) Will coordinate the strategies identified in the MHMP with other planning programs and mechanisms under its jurisdictional authority.
4) Will continue its support of the on-going countywide mitigation efforts and continue to participate in the Planning Partnership as described by the MJHMP. 5) Will help to promote and support the mitigation successes of all Planning Partners.
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 October 13, 2026, by the following vote, to wit:
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Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, City Clerk
Approved as to form:______________________________
City Attorney
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[1l) TETRA TECH For accessibility assistance with this document, please contact the Sonoma County Department of Emergency
Management, Fax at (707) 565-1172, TDD at (707)
565-1152 or through the California Relay Service (by
dialing 711).
Para obtener asistencia de accesibilidad con este
documento, comunfquese con el Departamento de
Manejo de Emergencias del Condado de Sonoma, por
fax al (707) 565-1172, TDD al (707) 565-1152 o a troves del Servicio de Retransmisi6n de California (marcando 711 ). 557733 of 669933
Sonoma County Hazard Mitigation Plan
VOLUME I—BASIC PLAN
May 2026
Prepared For
County of Sonoma | Department of Emergency Management
2300 County Center Drive, Suite B220, Santa Rosa, CA 95403 707-565-1152 | www.sonomacounty.gov
Prepared By
Tetra Tech, Inc. | Emergency Management, Risk & Resilience 2301 Lucien Way #120, Maitland, FL 32751
321-441-8500 | www.tetratech.com
#105S045062
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Sonoma County Hazard Mitigation Plan
Executive Summary iii
EXECUTIVE SUMMARY
Hazard Mitigation Overview
Hazard mitigation is the use of long-term and short-term policies, programs, projects, and other activities to minimize the loss of life, injury, and property damage that can result from a disaster.
Communities, residents, and businesses across the United States have been faced with continually increasing costs associated with natural and human-caused hazards. Hazard mitigation is the first step in reducing risk and is the most effective way to reduce costs associated with hazards.
Sonoma County developed a hazard mitigation plan (HMP) to reduce risks from disasters to the people, property, economy, and environment within the County. Developed by the County and other participating local jurisdictions (the Planning Partners), this HMP updates the 2021 Sonoma County HMP. It includes countywide assessment of hazards, risk, and capabilities. The plan complies with federal and state hazard mitigation planning requirements to establish the Planning Partners’ eligibility for funding under Federal Emergency Management Agency (FEMA) grant programs. The following are the jurisdictions in Sonoma County that participated as Planning Partners:
• County of Sonoma
• City of Cloverdale
• City of Cotati
• City of Healdsburg
• City of Petaluma
• City of Rohnert Park
• City of Santa Rosa
• City of Sebastopol
• City of Sonoma
• Town of Windsor
• Bodega Bay Public Utility District
• Cloverdale Fire Protection District
• Gold Ridge Fire Protection District
• North Sonoma Coast Fire Protection District
• Northern Sonoma County Fire Protection District
• Rancho Adobe Fire Protection District
• Santa Rosa Junior College
• Sonoma County Agricultural Preservation and Open
Space District (Ag + Open Space)
• Sonoma County Fire Protection District
• Sonoma Valley Fire Protection District
• Sonoma Water
• Timber Cove Fire Protection District
The Planning Process
Overall Approach
To support the planning process, the Planning Partners accomplished the following:
• Developed a Hazard Mitigation Working Group (HMWG) consisting of key County and regional partners and stakeholders
• Reviewed the 2021 Sonoma County Hazard Mitigation Plan 557755 of 669933
Sonoma County Hazard Mitigation Plan
Executive Summary iv
• Identified hazards of concern to be included in the update • Profiled the hazards of concern
• Estimated the inventory at risk and potential losses associated with these hazards • Reviewed and updated the mitigation goals and objectives • Reviewed mitigation strategy and actions outlined in the 2021 HMP to determine progress • Developed new mitigation actions to reduce the vulnerability of assets from hazards of concern • Involved a wide range of stakeholders and the public in the plan update process • Developed mitigation plan maintenance procedures to be executed after obtaining approval of the plan from the California Governor’s Office of Emergency Services (Cal OES) and FEMA • Formally created the planning process through the governing board and participating jurisdictions
Multiple Agency Support for Hazard Mitigation
Primary responsibility for hazard mitigation lies with local governments. Partners at the regional, state, and federal levels are available to assist local communities with their mitigation strategies. FEMA provides grants, tools, guidance, and training to support mitigation planning. In California, Cal OES is the lead agency providing hazard mitigation planning assistance to local jurisdictions.
The participating jurisdictions provided significant input into the preparation of this HMP, in particular the preparation of jurisdiction-specific annexes included in Volume II. They fully coordinated with and solicited participation from county and local governments, relevant organizations and groups, state and federal agencies, and the general public. This coordination ensured that stakeholders had established communication channels and relationships to support mitigation planning and mitigation actions included in the plan.
Under the project management of the Sonoma County Department of Emergency Management, the Sonoma County HMWG provided oversight for the preparation of this plan. The HMWG includes representatives from the following:
• Ag + Open Space
• CAL FIRE
• City of Cotati
• City of Petaluma
• City of Santa Rosa
• Permit Sonoma (Sonoma County’s
community planning department)
• Regional Climate Protection Authority
• Sonoma County Administrator’s Office
• Sonoma County Community
Development Commission
• Sonoma County Community Organizations
Active in Disaster
• Sonoma County Department of Emergency
Management
• Sonoma County Department of Health Services
• Sonoma County Office of Equity
• Sonoma County Public Infrastructure
• Sonoma Economic Development Collaborative
• Sonoma Water
• Town of Windsor
• Western Builders
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Sonoma County Hazard Mitigation Plan
Executive Summary v
Risk Assessment for Local Hazards of Concern
The Planning Partners evaluated each jurisdiction’s risk and vulnerability due to each of the hazards of concern, based on past events, past and predicted future losses, and the expected probability of future occurrence. From these evaluations, hazards were ranked as high, medium, or low risk to each jurisdiction. The hazard rankings were used to focus and prioritize individual jurisdictional mitigation strategies. Summary overall hazard rankings for all of Sonoma County are shown in Figure ES-1.
Figure ES-1. Countywide Hazard Ranking
Capability Assessment and Plan Integration into Other Local Mechanisms
Effective mitigation is achieved when hazard awareness and risk management become integral parts of public activities and decision-making. Sonoma County has many plans and programs that support hazard risk management. This HMP integrates, complements, and references those plans and programs to the extent practical in order for it to be a comprehensive resource for hazard mitigation.
The HMP includes a capability assessment to review relevant local mechanisms for each participating jurisdiction. This assessment identifies where each jurisdiction is currently able to implement hazard mitigation measures and where each would benefit from improved capabilities for such measures. The capability assessment also provides a summary and description of the existing plans, programs, and regulatory mechanisms at all levels of government (federal, state, county and local) that support hazard mitigation in the County. In the jurisdictional annexes, each participating jurisdiction identifies how it has integrated hazard risk management into its existing planning, regulatory and operational/administrative framework, and how it intends to continue to promote this integration.
High Risk
Earthquake
Wildfire
Medium Risk
Drought
Extreme Cold
Extreme Heat
Extreme Wind
Flood
Low Risk
Dam Failure
Landslide
Sea Level Rise
Tsunami
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Sonoma County Hazard Mitigation Plan
Executive Summary vi
Mitigation Strategy
Hazard Mitigation Plan Goals and Objectives
The HMP includes mitigation goals for reducing or avoiding long-term vulnerabilities to the identified hazards of concern. The planning process included a review and update of previous mitigation goals and objectives developed to guide the selection of mitigation actions. The goals and objectives were updated based on the updated risk assessment, discussions, research, and input from plan participants and stakeholders. The goal development process considered the goals expressed in the 2023 California State Hazard Mitigation Plan, as well as other relevant county and local planning documents.
The following goals were identified for this HMP:
• Goal 1—Protect people and minimize loss of life and injury. • Goal 2—Minimize potential for loss of property, economic and social impacts, and displacement due to hazards.
• Goal 3—Minimize potential for environmental impacts and consider a broad-range of mitigation strategies, including nature-based solutions where feasible. • Goal 4—Communicate and improve public understanding of natural hazard risk to the whole community within Sonoma County.
• Goal 5—Support the advancement of effective mitigation policies, programs, and projects that are adaptive, proactive, cost-effective, and environmentally sustainable to build a resilient Sonoma County.
• Goal 6—Enhance the capability/capacity of the Sonoma County planning area to prepare, respond, and recover from the impact of natural hazards.
Implementation of the 2021 Plan
The status of the mitigation projects identified in the 2021 HMP was reviewed for this HMP. Numerous projects and programs have been implemented that have reduced hazard vulnerability to assets in the planning area. Uncompleted projects have been revaluated, modified as necessary, and incorporated into this plan. The Planning Partners’ annexes describe these mitigation activities in more detail, and plan maintenance procedures have been developed to encourage thorough integration with local decisions and processes and regular review of implementation progress. 2026 Mitigation Strategy
Sonoma County and the participating jurisdictions identified 410 mitigation actions to pursue over the next five years. Actions chosen represent a wide variety of project types across the eleven hazards of concern. The mitigation strategy for each jurisdiction is available in the annexes of Volume II. 557788 of 669933
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Sonoma County Hazard Mitigation Plan
VOLUME II—JURISDICTIONAL ANNEXES
May 2026
Prepared For
County of Sonoma | Department of Emergency Management
2300 County Center Drive, Suite B220, Santa Rosa, CA 95403 707-565-1152 | www.sonomacounty.gov
Prepared By
Tetra Tech | Emergency Management, Risk & Resilience
2301 Lucien Way #120, Maitland, FL 32751
321-441-8500 | www.tetratech.com
#105S045062
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Sonoma County Hazard Mitigation Plan
Introduction 1-1
1. INTRODUCTION
1.1 BACKGROUND
The Federal Emergency Management Agency (FEMA) encourages multi-jurisdictional planning for local hazard mitigation. Such planning efforts can generate a unified local voice on hazard mitigation, with cross-jurisdictional support for a hazard mitigation plan’s recommended mitigation actions. They also help to form working relationships among participants’ emergency managers, floodplain administrations, and other development agencies (FEMA 2021). Eligible participants for multijurisdiction hazard mitigation plans are local governments defined as follows (44 CFR Section 201.2):
“Any county, municipality, city, town, township, public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; any Indian tribe or authorized tribal organization, or Alaska Native village or organization; and any rural community, unincorporated town or village, or other public entity.”
In multi-jurisdictional hazard mitigation planning, every participating jurisdiction must meet the federal requirements for local mitigation planning. This means that each jurisdiction must actively participate in the planning process and must officially adopt the plan (44 CFR Section 201.6a(4)).
For the Sonoma County Multijurisdictional Hazard Mitigation Plan (HMP), a Planning Partnership was formed to leverage resources and to meet the federal local mitigation planning requirements for as many eligible governments in the County as possible. Members of the Planning Partnership consisted of representatives from each participating jurisdiction. Sonoma County was the lead agency for this planning effort and directed the planning process with assistance from a contract planning consultant (Tetra Tech). A Hazard Mitigation Working Group (HMWG) with broad representation across the county provided guidance and direction for the HMP planning process. Each participating planning partner has prepared a jurisdictional annex to this plan.
This chapter describes the Sonoma County HMP Planning Partnership, its responsibilities throughout the planning process, and the jurisdictional annexes developed as a result of the plan update efforts.
The remaining chapters in this volume of the HMP present the annexes for each participating jurisdiction.
1.2 PLANNING PARTNER INVOLVEMENT
1.2.1 Initial Solicitation and Letters of Intent
Sonoma County solicited the participation of all eligible jurisdictions in the County at the commencement of this project. All jurisdictions interested signed a letter of intent and/or a resolution 558811 of 669933
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committing their participation and resources to the development of the Sonoma County HMP (Appendix A). The following is a list of the jurisdictions that participated in the update process and have met the minimum requirements of participation as established by the County and the HMWG:
• Bodega Bay Public Utility District
• City of Cloverdale
• City of Cotati
• City of Healdsburg
• City of Petaluma
• City of Rohnert Park
• City of Santa Rosa
• City of Sebastopol
• City of Sonoma
• Cloverdale Fire Protection District
• County of Sonoma
• Gold Ridge Fire Protection District
• North Sonoma Coast Fire Protection District
• Northern Sonoma County Fire Protection
District
• Rancho Adobe Fire Protection District
• Santa Rosa Junior College
• Sonoma County Ag and Open Space
• Sonoma County Fire Protection District
• Sonoma Valley Fire Protection District
• Sonoma Water
• Timber Cove Fire Protection District
• Town of Windsor
1.2.2 Planning Partner Expectations
The Planning Partnership is responsible for developing and reviewing draft sections of the hazard mitigation plan, creating the mitigation strategy for their jurisdiction, and adopting the final plan.
Members of the Planning Partnership have the expertise to develop the plan and have their jurisdiction’s authority to implement the mitigation strategy developed during the planning process. The following list of planning partner expectations was agreed to in each letter of commitment:
• Meet the requirements for mitigation plans identified in 44 CFR §201.6 • Provide such cooperation as is necessary and in a timely manner to the County of Sonoma to complete the plan in conformance with FEMA requirements • Identify hazards unique to the jurisdiction and not addressed in the master planning document • Conduct a vulnerability analysis and an identification of risks, where they differ from the general planning area.
• Formulate mitigation goals responsive to public input and development of mitigation actions complementary to those goals
• Demonstrate that there has been proactively offered an opportunity for participation in the planning process, attending meetings, contributing research, data, or other information, commenting on drafts of the plan, etc.
• Document an effective process to maintain and implement the plan • Formal adoption of the Multi-Jurisdictional Hazard Mitigation Plan by the jurisdiction’s governing body
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Under the plan implementation and maintenance protocol established in Volume I of the HMP, it is intended that the Planning Partnership will remain active to support maintenance of the HMP after the plan has been adopted. By adopting this plan, each planning partner agrees to the plan implementation and maintenance protocol. Given that individual commitments change over time, it will be the responsibility of each jurisdiction and its points of contact to inform the County’s coordinator for this HMP of any changes in representation.
1.3 JURISDICTIONAL ANNEX PREPARATION PROCESS
Jurisdictional annexes provide a unique, stand-alone guide to mitigation planning for each jurisdiction participating in a multi-jurisdiction HMP. The Sonoma County HMP is organized so that there is an annex for Sonoma County and one for each of the 22 Planning Partners, including all incorporated municipalities within the County.
Workshops and additional meetings (in person, by email, or by teleconference) to complete the jurisdictional annexes were held with the County, the contract consultant, and the HMWG throughout the planning process. Details regarding these meetings are described further in Volume I. The Cal OES MJLHMP Annex Review Tool was completed to ensure each annex met state requirements.
1.3.1 Incorporation of Information from Previous HMP
In order to facilitate the update of the jurisdictional annexes, data from the most recent County and municipal HMPs was transferred to the most current annex format, which has evolved to meet changing federal and state criteria. Clear instructions were provided to the representatives of each planning partner. This transfer of information provided a basis to address the following:
• Changes in local capabilities and vulnerabilities
• The current status of the 2021 Sonoma County HMP, 2021 Petaluma HMP, 2018 Rohnert Park HMP, and 2022 Sebastopol HMP mitigation strategies
• A new mitigation strategy to address identified issues and to increase community resiliency
1.3.2 Kickoff Meeting
The County invited the Planning Partnership to participate in a planning partner kickoff meeting held on December 4, 2024, to provide an overview of the planning process, including meetings and worksheets that would be used to gather information for annex preparation. Key elements of the worksheets were discussed and subsequently completed by the appropriate jurisdictional personnel for each worksheet.
The worksheets were collected, and the information was incorporated into each jurisdictional annex. In the event additional information was needed, the jurisdictional point of contact was contacted to provide more input into their annex.
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1.3.3 Hazard Ranking Exercise
At the risk assessment meeting on July 29, 2025, the consultant summarized the findings of the risk assessment for the hazards of concern evaluated in this HMP, including an initial ranking of hazards using the risk-related ranking methodology described in Volume I. Each planning partner was asked to review the hazard ranking for its jurisdiction and revise as appropriate based on history of events, probability of occurrence, and the potential impact on people, property, and the economy. This exercise familiarized the planning partners with how to use the risk assessment as a tool to support other planning and hazard mitigation processes and to help prioritize types of mitigation actions that should be considered. Hazards that were ranked as “high” for each jurisdiction as a result of this exercise were considered to be priorities for identifying appropriate mitigation actions, although jurisdictions also identified actions to mitigate “medium” or “low” ranked hazards as appropriate.
1.3.4 Mitigation Strategy Workshop
A mitigation strategy workshop was held on July 29, 2025, to provide an overview on how to develop a strong mitigation strategy. In preparation for this workshop, the consultant provided a list of problem areas and vulnerabilities identified during the planning process, along with feedback from the public survey, to support the development of relevant projects for the mitigation strategy. Workshop participants received the following FEMA publications to use as a resource as part of a comprehensive review of all possible activities and mitigation measures to address hazards of concern:
• FEMA 551 “Selecting Appropriate Mitigation Measures for Floodprone Structures” (March 2007) • FEMA “Mitigation Ideas—A Resource for Reducing Risk to Natural Hazards” (January 2013) This workshop included the development of focused problem statements based on the impacts of natural hazards in the County and its communities. These problem statements provide detailed descriptions of problem areas, including known impacts on the jurisdiction (past damage, loss of service, etc.). Where possible, the statements include the street address of the problem location, adjacent streets, water bodies, and well-known structures as well as a brief description of existing site conditions (topography, terrain, hydrology). The problem statements form a bridge between the risk assessment (which quantifies impacts on each community), the capability assessment (which identifies capabilities for reducing hazard risks and supporting hazard mitigation), and the development of actionable mitigation strategies.
The County and the mitigation consultant worked with each jurisdiction to identify clear, implementable mitigation actions and to further support the completion of the jurisdictional annexes.
1.4 JURISDICTIONAL ANNEX FORMAT
The jurisdictional annex format is designed to document local compliance with the 44 CFR local mitigation planning regulations. It also achieves the following:
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• Providing a locally relevant synthesis of the overall mitigation plan that can be readily presented, distributed, and maintained
• Facilitating local understanding of the community’s risk from natural hazards • Facilitating local understanding of the community’s capabilities to manage natural hazard risk, including opportunities to improve those capabilities
• Facilitating local understanding of the efforts the community has taken, and plans to take, to reduce its natural hazard risk
• Facilitating the implementation of mitigation strategies, including the development of grant applications
• Providing a framework by which the community can continue to capture relevant data and information for future plan updates
The following are the elements of the jurisdictional annex. • Section X.1: Hazard Mitigation Planning Team: Identifies the hazard mitigation planning primary and alternate contacts and floodplain administrator. Provides details on which departments were involved in the development of the jurisdictional annex. The widest range of departments, stakeholders, and persons familiar with the jurisdiction should be involved in the development of the jurisdictional annexes. Further detail on participants is provided in Volume I. • Section X.2: Community Profile: Provides a profile of the jurisdiction, including population and socially vulnerably populations.
• Section X.3: Public Engagement: Summarizes the individual public outreach efforts undertaken by the jurisdiction, including website posts, social media, newsletters, public events, and printed materials in public spaces.
• Section X.4: Stakeholder Engagement: Identifies the stakeholders that each jurisdiction invited to participate in the plan update.
• Section X.5: Changes in Priorities: Identifies jurisdiction changes in priorities since the last HMP.
• Section X.6: Jurisdictional Capability Assessment and Integration: Provides an inventory and evaluation of the jurisdiction’s tools, mechanisms, and resources available to support hazard mitigation and natural hazard risk reduction. Tables provide an inventory of the jurisdiction’s planning, regulatory, administrative, technical, and fiscal capabilities, its level of participation in state and federal programs designed to promote and incentivize local risk reduction efforts, and its adaptive capacity to adjust to damage and respond to consequences. • Section X.7: National Flood Insurance Program (NFIP) Compliance: Summarizes jurisdiction-specific information related to managing and regulating the regulatory floodplain, including current and future compliance with the NFIP.
• Section X.8: Growth/Development Trends: Summarizes recent and expected future development trends, including major residential/commercial development and major infrastructure development.
• Section X.9: Jurisdictional Risk Assessment: Provides information regarding each jurisdiction’s vulnerability to the identified hazards. Full data and information on the hazards of 558855 of 669933
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concern, the methodology used to develop the vulnerability assessments, and the results of those assessments that serve as the basis of these local hazard rankings may be found in Volume I.
• Hazard Area: Each annex includes a map (or series of maps) illustrating identified hazard zones and critical facilities. The maps also show areas of known or anticipated future development, as available.
• Hazard Event History: Identifies hazard events that have caused significant impacts within the jurisdiction, including a summary characterization of those impacts identified by the jurisdiction.
• Hazard Ranking and Vulnerabilities: Each jurisdiction has differing degrees of risk exposure and vulnerability. The local hazard ranking identifies each jurisdiction’s local degree of risk to each hazard, supporting the selection and prioritization of actions to reduce the highest levels of risk for each community.
• Critical Facilities: Identifies potential flood losses to critical facilities in the jurisdiction based on the flood vulnerability assessment process presented in Volume I. • Identified Issues: Presents other specific hazard vulnerabilities as identified by the jurisdiction.
• Section X.10: Mitigation Strategy and Prioritization: Discusses and provides the status of past mitigation actions and status and describes proposed hazard mitigation actions and prioritization.
• Past Mitigation Action Status: Where applicable, a review of progress on the jurisdiction’s prior mitigation strategy is presented, identifying the disposition of each prior action in the jurisdiction’s updated mitigation strategy. Other completed or ongoing mitigation activities that were not specifically part of a prior local mitigation strategy may be included in this subsection as well.
• Completed Mitigation Actions Not Identified in the Previous Mitigation Strategy: Other completed or ongoing mitigation activities that were not specifically part of a prior local mitigation strategy may be included in this subsection as well. • Proposed Hazard Mitigation Actions for the Plan Update: Tables and action worksheets at the end of each annex present the jurisdiction’s updated mitigation strategy, a summary of the local mitigation strategy prioritization and a summary of the action categories and hazards addressed.
Each jurisdiction’s annex is a living document that will continue to be improved as resources permit.
Continued efforts to maintain the annex will ensure that it remains current and will improve its effectiveness as the key tool, reference, and guiding document by which the jurisdiction will implement hazard mitigation locally.
1.5 COVERAGE UNDER THE PLAN
Of the 22 original planning partners, 22 fully met the participation requirements specified by the HMWG and have annexes included in this volume. Those that did not meet the requirements will not be able to 558866 of 669933
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seek FEMA or state approval at the time of plan submittal, nor will they be eligible to obtain FEMA grant funding. Table 1-1 lists the status of each jurisdiction. Note that participation in scheduled Planning Partnership meetings provides only a partial indication of the level of participation of each jurisdiction.
Appendices in Volume I provide details on further participation and meeting attendance.
Table 1-1. Jurisdictional Status
Letter of
Intent to
Participate
Attended
Workshops,
Meetings, and Calls
Provided
Update on
Past Projects
Submitted
Mitigation Actions
for Current Plan
Seeking Approval for
Adoption (meets all
previous requirements)
Bodega Bay Public
Utility District
X X - X X
City of Cloverdale X X - X X
City of Cotati X X X X X
City of Healdsburg X X - X X
City of Petaluma X X X X X
City of Rohnert Park X X - X X
City of Santa Rosa X X X X X
City of Sebastopol X X - X X
City of Sonoma X X X X X
Cloverdale Fire
Protection District
X X X X X
County of Sonoma - X X X X
Gold Ridge Fire
Protection District
X X X X X
North Sonoma Coast
Fire Protection District
X X X X X
Northern Sonoma
County Fire Protection
District
X X X X X
Rancho Adobe Fire
Protection District
X X X X X
Santa Rosa Junior
College
X X - X X
Sonoma County Ag
and Open Space
X X X X X
Sonoma County Fire
Protection District
X X - X X
Sonoma Valley Fire
Protection District
X X X X X
Sonoma Water X X - X X
Timber Cove Fire
Protection District
X X X X X
Town of Windsor X X X X X
X = yes; - = N/A
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4. CITY OF COTATI
This jurisdictional annex to the Sonoma County Hazard Mitigation Plan (HMP) provides information to assist public and private sectors in the City of Cotati with reducing losses from future hazard events.
This annex is not guidance for what to do when a disaster occurs; the focus is actions that can be implemented prior to a disaster to reduce or eliminate damage to the people, property, environment, or economy of the City. The annex presents a general overview of Cotati, describes who participated in the planning process, assesses local risk, vulnerability, and capabilities, and outlines a strategy for achieving a more resilient community.
4.1 HAZARD MITIGATION PLANNING TEAM
The City of Cotati identified primary and alternate HMP points of contact and developed this plan over the course of several months, with input from many City departments. The City Manager’s Office represented the community on the Sonoma County HMP Planning Partnership and Hazard Mitigation Working Group and supported the local planning process by securing input from persons with specific knowledge to enhance the plan. All departments were asked to contribute to the annex development through reviewing and contributing to the capability assessment, reporting on the status of previously identified actions, and participating in action identification and prioritization.
The City officials who participated in the development of the annex are listed below and shown in Table 4-1. Additional documentation of the City’s planning activities through Planning Partnership meetings is included in Volume I.
Primary Point of Contact: Katie Duran, Senior Management Analyst Address: 201 W. Sierra Ave, Cotati, CA 94931
Phone Number: 707-665-3624
Email: [email protected]
Alternate Point of Contact: Damien O’Bid, City Manager
Address: 201 W. Sierra Ave, Cotati, CA 94931
Phone Number: 707-665-3622
Email: [email protected]
NFIP Administrator: Craig Scott, Director – Public Works/Engineering Address: 201 W. Sierra Ave, Cotati, CA 94931
Phone Number: 707-665-3620
Email: [email protected]
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Table 4-1. Additional Contributors
Name Department Position HMP Contribution
Katie Duran City Manager’s Office Senior Management Analyst Planning Team, Working Group Damien O’Bid City Manager’s Office City Manager Worksheets, review and approve Craig Scott Public Works/Engineering Director Worksheets, review and approve Noah Housh Community Development Director Worksheets, review and approve
4.2 COMMUNITY PROFILE
The City of Cotati, an incorporated city in Sonoma County, is 45 miles north of San Francisco along the U.S. 101 corridor, between the cities of Rohnert Park and Petaluma. Cotati was incorporated on July 2, 1963, after the land to the north was incorporated to form Rohnert Park. Voters approved Cotati's incorporation as a separate city by a margin of 284 to 41.
The City covers 1.89 square miles, with 0.53 percent of this area consisting of water. Cotati is about 17 miles from the Pacific Ocean and lies entirely within the drainage basin of the Laguna de Santa Rosa. The Petaluma River watershed begins just south of the city, and the Stemple Creek watershed is to the west. The sources of all three watercourses are in the hilly area between Stony Point Road and U.S. 101, just west of Cotati.
A gap in the coastal ridges near Petaluma often allows coastal fog to reach Cotati during the summer, resulting in a marine climate that is noticeably cooler and less sunny than the coastal climates of nearby Santa Rosa and Sebastopol. Cotati averages fewer than 800 hours per growing season in the 70 to 90 °F range.
The City of Cotati is governed by a five-member city council and comprises five departments:
Administrative Services, Community Development, Public Works/Engineering, Police, and the City Manager's Office. The City Council is responsible for adopting this plan, and the City Manager will oversee its implementation.
According to the U.S. Census, the 2020 population for Cotati was 7,584, a 4.0 percent increase from the 2010 Census. The 2023 American Community Survey (ACS) estimated that the 2023 population of Cotati was 7,533; this estimate is used throughout the HMP.
Populations with decreased resources or physical abilities can be more susceptible to hazard events based factors including their physical and financial ability to react or respond during a hazard, and the location and construction quality of their housing. Data from the ACS indicates that 5.3 percent of residents are 5 years of age or younger, 14.9 percent are 65 years of age or older, 1.7 percent are nonEnglish speaking, 8.0 percent live below the poverty threshold, 10.9 percent have disabilities, and
3.0 percent live in a single parent household.
In 2024, the total homeless population in Cotati was reported as 31 individuals: 10 sheltered and 21 unsheltered persons (Sonoma County 2024).
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4.3 PUBLIC ENGAGEMENT
Volume I of this HMP describes the outreach to the public that was undertaken on behalf of all participating jurisdictions to prepare this HMP update. In addition to that work, the City of Cotati completed specific activities to collect input on hazards and vulnerability from the people the City serves. The public was invited to participate in the plan by responding to the public survey, attending a virtual Hazard Mitigation Working Group meeting, attending an in-person meeting, and reviewing the draft plan.
Figure 4-1 and Figure 4-2 highlight various public outreach initiatives undertaken by the City. In January 2025, the City published an article about its participation in the HMP update and distributed a newsletter to residents. The newsletter was also posted on the City website. In April 2025, the City designed a flyer to promote its participation in the HMP update and to advertise the Public Survey. The flyer was posted on bulletin boards at three locations around the City, where Council and Planning Commission agendas are regularly displayed.
Figure 4-1. City of Cotati Newsletter and Flyer
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Figure 4-2. Cotati Website
The flyer was posted at the following locations:
• City of Cotati City Hall – 201 West Sierra Ave, Cotati • Veteran’s Memorial Building – 8505 Park Ave, Cotati
• Smart Station – 970 E Cotati Ave, Cotati
The following targeted outreach was made to underserved communities and vulnerable populations:
• Publication and surveys both in English and Spanish were posted on website and social media, in a hard copy newsletter to all residents, and on public bulletin boards. Informational flyers were handed out at the Wednesday evening Farmer’s Market from June through October.
During the update of the HMP, opportunities were provided for public input; however, no feedback was received. As a result, no additional information regarding specific hazards or vulnerabilities in the City was contributed through community engagement activities.
4.4 STAKEHOLDER ENGAGEMENT
Volume I of this HMP describes the outreach to stakeholders that was undertaken on behalf of all participating jurisdictions to prepare this HMP update. In addition to that work, the City of Cotati invited 559911 of 669933
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stakeholders relevant to its planning process to participate by attending a Hazard Mitigation Working Group meeting, responding to the stakeholder survey, contributing information and expertise to the plan, and reviewing the draft plan. The following sections outline the organizations invited by the City to participate in the 2026 HMP update.
4.4.1 Local and Regional Agencies Involved in Hazard Mitigation Activities
The planning process included active participation from local and regional agencies with direct responsibilities in hazard mitigation. Public works and engineering departments contributed infrastructure data and identified vulnerabilities. Emergency management officials provided guidance on preparedness and response capabilities. Fire protection services and regional water agencies offered insights into wildfire risk, water infrastructure, and emergency response coordination. These agencies played a key role in shaping mitigation strategies and ensuring alignment with existing emergency plans.
• Public Works/Engineering
• Sonoma County Emergency Management
• Rancho Adobe Fire District
• Sonoma Water
4.4.2 Agencies that Have the Authority to Regulate Development Agencies with regulatory authority over land use and development were engaged to ensure that mitigation strategies could be effectively integrated into local planning frameworks. This included community development and building departments, planning commissions, and city councils.
Environmental health officials also participated, offering expertise on regulatory requirements related to public health and safety. Their involvement ensured that proposed actions were feasible and aligned with local codes and ordinances.
• Community Development
• Building Department
• Planning Commission
• City Council
• Sonoma County Environmental Health
4.4.3 Neighboring Communities
Neighboring jurisdictions and institutions were invited to participate in the planning process to promote regional coordination and address shared risks. This included adjacent cities, local fire protection districts, and academic institutions. Their involvement helped identify interdependencies, such as shared infrastructure and emergency services, and supported the development of coordinated mitigation strategies across jurisdictional boundaries. 559922 of 669933
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• City of Rohnert Park
• Sonoma State University
• Rancho Adobe Fire District
• City of Petaluma
4.4.4 Representatives of Business, Academia, and Other Private Organizations
The planning team engaged representatives from the business community, academic institutions, and private sector organizations. Local businesses and utility providers contributed perspectives on economic resilience and infrastructure continuity. Academic institutions provided technical expertise and helped assess long-term risks. This diverse input helped ensure that the plan addressed the needs of the broader community and supported public-private collaboration in mitigation efforts. • Sonoma State University
• Cotati Rohnert Park School District
• Cotati Chamber of Commerce
• PG&E
• Graton Casino
• Lowes
• Olivers Market
4.4.5 Nonprofit Organizations and Community-Based
Organizations
Nonprofit and community-based organizations were included to ensure that the needs of vulnerable populations were considered in the planning process. These organizations offered valuable insights into community outreach, emergency support services, and equity considerations. Their participation helped strengthen the plan’s focus on inclusive and accessible mitigation strategies. • SAFE Team (Specialized Assistance for Everyone)
• Red Cross
4.5 CHANGES IN COMMUNITY PRIORITIES
There have been no changes in priorities for the City of Cotati since the 2021 HMP update. 559933 of 669933
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4.6 JURISDICTIONAL CAPABILITY ASSESSMENT AND
INTEGRATION
Cotati performed an inventory and analysis of existing capabilities, plans, programs, and policies that enhance its ability to implement mitigation strategies. Volume I describes the components included in the capability assessment and their significance for hazard mitigation planning. The jurisdictional assessment for this annex includes analyses of the following:
• Planning and regulatory capabilities
• Development and permitting capabilities
• Administrative and technical capabilities
• Fiscal capabilities
• Education and outreach capabilities
• Classification under various community mitigation programs • Adaptive capacity to withstand hazard events
For a community to succeed in reducing long-term risk, hazard mitigation must be integrated into dayto-day local government operations. As part of the hazard mitigation analysis, planning and policy documents were reviewed and each jurisdiction was surveyed to obtain a better understanding of its progress toward plan integration. Development of an updated mitigation strategy provided an opportunity for Cotati to identify opportunities for integrating mitigation concepts into ongoing City procedures.
4.6.1 Planning and Regulatory Capability and Integration Planning and regulatory capabilities include the plans, policies, codes, and ordinances that help prevent or reduce the impacts of hazards. The sections below outline the relevant planning documents, codes, and regulations that were reviewed and considered for updates based on new data or insights gained during the HMP update process. Additionally, the HMP Team evaluated existing plans against a comprehensive list of hazard mitigation-related capabilities. The absence of certain types of plans, policies, codes, or ordinances was not interpreted as a gap in local capabilities. For a comprehensive list of state codes relevant to hazard mitigation in California, please refer to the capability assessment in Volume I.
Codes, Ordinances, and Regulations
Table 4-2 summarizes the codes, ordinances, and regulations available to the City of Cotati. 559944 of 669933
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Table 4-2. City of Cotati Codes, Ordinances, and Regulations Capability Type Citation and Date HMP Integration and Risk Reduction Authority Responsible
Department or
Agency
Building Code Cotati Municipal Code
(CMC), Title 14, Chapter
14.04, Section 14.04.030
adopts the California
Building Code; Ordinance
887 §2 (part), 2019:
Ordinance 864 § 2 (part),
2016: Ordinance 843 § 1
(part), 2013: Ordinance 829
§ 1 (part), 2011: Ordinance
815 § 1(part), 2008
The City of Cotati has adopted the 2022
California Building Code by reference, which
includes provisions on earthquake safety, wind
damage, and general safety and welfare of
building inhabitants.
Municipal Community
Development
Department and
City of Cotati
Zoning/ Land
Use Code
Cotati Municipal Code, Title
17, Chapters 17.20 – 17.28;
Ord. 766 § 2 Exhibit A
(part), 2004
The CMC includes multiple development
standards that further implement criteria to help
mitigate impacts from natural disasters and
hazards. These include land use limitations;
road width requirements; building set-backs,
slope protections and limitations; and parking
and loading standards. The HMP can count on
these criteria being enforced and in place as
new development occurs within the City and
can therefore base disaster responses and
evacuation plans on such standards. Further,
most actions regulated by the CMC are
discretionary in nature, requiring analysis under
the California Environmental Quality Act
(CEQA). CEQA includes protections and
mitigation requirements for any new
development occurring within natural hazard
areas; seeks to prohibit development within
wetlands, floodways and floodplains; and
ensures adequate emergency responses are
available to serve any new development or
proposed use.
The new state LRA fire maps indicate that the
City of Cotati is not in high or very high hazard
severity zones.
Municipal Community
Development
Department and
City of Cotati
Subdivision
Code
Cotati Municipal Code, Title
17, Chapter 17.70, Sections
010-120; Ordinance 766 § 2
Exhibit A (part), 2004
The Subdivision section of the municipal code
ensures adequate stormwater management is
in place for any newly subdivided properties;
includes provisions to allow clustering of units to
preserve natural resources to allow
minimization of hazards and/or impacts on
natural resources.
Municipal Community
Development
Department,
Public Works
Department, and
City of Cotati
Site Plan Code Cotati Municipal Code, Title
17, Chapter 17.42, Sections
010-210; Ordinance 766 § 2
Exhibit. A (part), 2004
The Site Plan section of the municipal code
ensures site planning for specified land uses
and calls for mitigation for any adverse impacts.
Municipal Community
Development
Department,
Public Works
Department, and
City of Cotati
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Capability Type Citation and Date HMP Integration and Risk Reduction Authority Responsible
Department or
Agency
Stormwater
Management
Code
Cotati Municipal Code, Title
13, Chapter 13.68, Sections
010-230; Ordinance 870
§ 2(part), 2017: Ordinance
795 § 1(part), 2007:
Ordinance 759 § 1(part),
2004
The City of Cotati utilizes and implements the
City of Santa Rosa Stormwater Design Manual
to ensure all stormwater management criteria
required by the City’s MS-4 permit from the
Water Quality Control Board are satisfied and
implemented, both on public and private
property.
Municipal Public Works
Department and
City of Cotati
Post-Disaster
Recovery/
Reconstruction
Code
Sonoma County Recovery
and Resiliency Framework,
December 2018
This framework recognizes the danger of
natural disasters, especially after the Sonoma
Complex Fires, and aims to develop a
coordinated, County-wide approach to disaster
preparedness.
County City-Wide
Real Estate
Disclosure
California State Civil Code
1102 requires disclosure for
all sales of real property.
Sellers must disclose certain information about
a property to prospective buyers, including
information on environmental hazards.
State State of
California
Growth
Management
Cotati Municipal Code, Title
17, Chapter 17.52, Sections
010-050; Ordinance 766 § 2
Exhibit A (part), 2004;
growth management is also
covered within the city’s
General Plan.
According to CMC Chapter 17.52.010 Purpose,
“This chapter provides growth management
procedures to phase the construction of new
dwellings within the city so that new
development does not exceed the resource,
infrastructure, and public service capacities of
the city.” However, growth management
ordinances have been (temporarily) prohibited
from implementation by recent changes in state
law (SB 330, Housing Crisis Act) and the
Department of Housing and Community
Development (HCD) has been pushing local
jurisdictions to repeal any growth management
ordinances. Based on this, growth management
should not be counted on to assist with HMP
implementation or risk reduction.
Municipal Community
Development
Department and
City of Cotati
Environmental
Protection
Ordinance
Cotati Municipal Code, Title
17, Chapters 17.54,
Sections 010-080 (tree
preservation and protection)
& 17.56, Sections (wetland
protection and restoration);
Ordinance 766 § 2 Exhibit A
(part), 2004 covers both
chapters.
CMC Chapter 17.54 requires tree removal
permits for tree removals, which must be
approved by city staff, who determine whether
the tree is considered a hazard and shall be
removed. 17.56.040 General wetland
preservation and enhancement standards
protects existing wetlands and aims for “no net
loss” of these areas. The associated protections
and mitigation can help to reduce hazard risk.
Municipal Community
Development
Department and
City of Cotati
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Capability Type Citation and Date HMP Integration and Risk Reduction Authority Responsible
Department or
Agency
Flood Damage
Prevention
Ordinance
Cotati Municipal Code, Title
15, Chapter 15.04, section
040—methods of reducing
flood losses; Ordinance 819
§ 2(part), 2008: Ordinance
667 § 2(part), 1997
CMC 15.04.040 Methods of reducing flood
losses. Outlines regulations to:
A. Restrict or prohibit uses which are dangerous
to health, safety, and property due to water or
erosion hazards, or which result in damaging
increases in erosion or flood heights or
velocities
B. Require that uses vulnerable to floods,
including facilities which serve such uses, be
protected against flood damage at the time of
initial construction
C. Control the alteration of natural floodplains,
stream channels, and natural protective
barriers, which help accommodate or channel
floodwaters
D. Control filling, grading, dredging, and other
development which may increase flood damage
E. Prevent or regulate the construction of flood
barriers which will unnaturally divert floodwaters
or which may increase flood hazards in other
areas. (Ord. 819 § 2(part), 2008: Ord. 667
§ 2(part), 1997)
Wetland protection is managed through the
CEQA process, with any new development or
infrastructure project being required to avoid or
mitigate for impacts to identified wetlands. It is
unclear how this would be integrated into the
HMP but flooding risks are reduced when
wetlands are preserved and/or thoughtfully
mitigated to ensure the loss of their function
does not allow flood impacts to occur.
Municipal Public Works
Department and
City of Cotati
Wellhead
Protection
Cotati Municipal Code Title
13, Chapters 13.02-13.30
City Water Systems, etc.
Regulations governing public water supply and
augmentation of this supply through the
pumping of well water into the system.
Municipal
and State
Public Works
Department and
City of Cotati
Emergency
Management
Ordinance
Cotati Municipal Code, Title
2, Chapter 2.24 Emergency
Organization and
Functions, Sections 010-
080—discusses the Cotati
Disaster Council’s roles and
duties; 2.24.080 Emergency
Plan—The Cotati Disaster
Council shall be responsible
for the development of the
city emergency plan.
Integrating an emergency management
ordinance with a hazard mitigation plan reduces
risk by legally supporting proactive actions,
aligning planning with response, and ensuring
resources and policies are in place to prevent or
lessen disaster impacts.
Municipal City Manager’s
Office
Planning Documents
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Table 4-3. City of Cotati Planning Documents
Capability Type Citation and Date HMP Integration and Risk Reduction Authority Responsible
Department or
Agency
General Plan Cotati General Plan,
Adopted 03/24/2015—
safety element
discusses seismic,
geologic, and flooding
hazards in addition to
flood protection
measures.
The City general plan identifies natural resource
areas and prioritizes development outside of these
resource areas. Adequate additional land is
available outside the City boundary but within the
sphere of influence to accommodate all projected
growth and avoid sensitive natural resources and
hazard areas.
Municipal Community
Development
Department and
City of Cotati
Capital
Improvement
Plan
City of Cotati Capital
Improvement Program
(CIP) FYs 2020/21 –
2024/25 – the plan is
updated every 5 years.
The CIP annual adoption process allows Planning
Commission and Community Development
Department review of the proposed project list to
ensure compliance with the Cotati General Plan.
This review ensures adequate limitations on
spending that would encourage development in
areas vulnerable to natural hazards. Further, the
General Plan includes policies that limit extension
of infrastructure that would encourage growth in
vulnerable areas. Lastly, the CIP process
considers the FEMA Mitigation Plan when projects
are being considered and prioritized.
Municipal Public Works
Department and
City of Cotati
Floodplain
Management or
Watershed Plan
Cotati Municipal Code
Chapter 15.04
Floodplain Management
This ordinance supports the HMP by regulating
development in flood-prone areas, reducing flood
risk and property damage.
Municipal Public Works
Department,
and City of
Cotati
Stormwater
Management
Plan
Phase II National
Pollutant Discharge
Elimination System
(NPDES) Storm Water
Management Plan,
March 2005
This plan aligns with the HMP by managing runoff
and reducing localized flooding and water
pollution during storm events.
Municipal Public Works
Department,
and City of
Cotati
Stormwater
Pollution
Prevention Plan
Cotati Municipal Code
Chapter 13.68
Stormwater Ordinance
This ordinance helps the HMP by preventing
pollutants from entering waterways, protecting
water quality and reducing environmental hazards.
Municipal Public Works
Department and
City of Cotati
Open Space
Plan
General Plan
Conservation Element
Chapter 5 and Cotati
Municipal Code Chapter
17 Land Use
The City General Plan Conservation Chapter
identifies natural resource areas, including open
space and prioritizes development outside of
these resource areas. Further, zoning standards
require specific amounts of open space for
residential development and limit the amount of
impervious lot coverage allowed as a component
of individual developments. Zoning standards for
parking lot development also require a specified
amount of shade coverage.
Municipal Community
Development
Department and
City of Cotati
Urban Water
Management
Plan
Sonoma Water 2015
Urban Water
Management Plan—
City of Cotati is
referenced as having
participated in the
development of the plan
This plan supports the HMP by promoting longterm water supply reliability and conservation, helping to reduce drought-related risks and ensure
emergency water availability.
County Sonoma Water
and County of
Sonoma
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Capability Type Citation and Date HMP Integration and Risk Reduction Authority Responsible
Department or
Agency
Habitat
Conservation
Plan
In Process In 2024, the County of Sonoma initiated a process to draft a Habitat Conservation Plan to address
the resource management and protection
requirements for identified sensitive and
endangered species, with the goal of taking an
ecosystem management approach. This effort is
in the initial phases but is anticipated to identify
and map environmental systems with the goal of
protection and preservation, restore habitat and
ecosystem ranges and draft environmental
policies and procedures to ensure successful
management of these species and resources.
County Community
Development
Department and
City of Cotati
Economic
Development
Strategy
In Process in 2025-
Economic Development
Strategy and
Implementation
Program; also economic
vitality chapter within
the general plan.
This strategy supports the HMP by promoting
resilient economic growth, encouraging hazardaware development, and helping businesses recover more quickly after disasters.
Municipal City Manager
and Community
Development
Department and
City of Cotati
Community
Wildfire
Protection Plan
Sonoma County
Community Wildfire
Protection Plan
In June 2023, the Sonoma County Community
Wildfire Protection Plan (CWPP) was formally
integrated into the Sonoma County Annex of the
Multi-Jurisdictional Hazard Mitigation Plan (HMP)
by reference. This integration ensures that
wildfire-specific strategies from the CWPP are
aligned with the broader, multi-hazard framework
of the HMP. By linking the two plans, Sonoma
County strengthens its ability to reduce risk
through coordinated planning, resource sharing,
and project implementation. The HMP addresses
a wide range of hazards—including floods,
earthquakes, landslides, and severe weather—
while the CWPP provides a focused approach to
wildfire mitigation. Together, these plans support
comprehensive risk assessment, prioritize
mitigation actions, and enhance eligibility for state
and federal funding, ultimately reducing the
County’s overall vulnerability to disasters.
County Permit Sonoma
Fire Prevention
Division
Transportation
Plan
2015 General Plan
Circulation Element
Chapter 2; 2024 Active
Transportation Plan
These transportation planning documents limit
access to hazard areas and are used to guide and
prioritize growth in safe directions. Further, these
documents identify future circulation infrastructure
to ensure orderly transportation options are
available to public safety staff as growth occurs.
These plans prioritize growth near transportation
and transit hubs, with a focus on promoting
compact mixed-use development away from
hazard areas.
Municipal Community
Development
Department and
Public Works
Department and
City of Cotati
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Capability Type Citation and Date HMP Integration and Risk Reduction Authority Responsible
Department or
Agency
Climate Action/
Resilience/
Sustainability
Plan
Sonoma County
Regional Climate Action
Plan, July 2016—City of
Cotati website links to
this plan, contents list
actions taken within
general plan and
through code &
ordinance adoption.
City of Cotati has a
focus on Climate and
Sustainability.
https://cacotati.civicplus.com/148
5/Climate-andSustainability
The Sonoma County Climate Plan is integrated
with the Multi-Jurisdictional Hazard Mitigation Plan
(HMP) through shared goals, aligned strategies,
and cross-referenced planning documents.
Several of the Climate Plan’s 54 measures—
particularly those related to wildfire, water, and
natural lands—were informed by and support the
risk reduction strategies outlined in the HMP. By
aligning with key regional plans, including the
HMP, the Climate Plan enhances the County’s
ability to address climate-related hazards such as
wildfires, drought, and extreme weather. This
integration strengthens long-term resilience by
coordinating mitigation actions across sectors,
reducing emissions, increasing carbon storage,
and protecting vulnerable infrastructure and
populations from future climate impacts.
County and
Local
(regional
partnership)
County of
Sonoma, City of
Cotati
Business/
Downtown
Development/
Redevelopment
Plan
Downtown Specific Plan The City of Cotati Downtown Specific Plan governs and regulates development within the
downtown boundaries of the City. This Plan,
combined with the zoning standards and building
code, regulates the development pattern,
construction methods and occupancy of buildings
within the downtown. This plan prioritizes growth
near transportation and transit hubs, with a focus
on promoting compact mixed-use development
away from hazard areas.
Municipal Community
Development
Department and
City of Cotati
Other Plan Santero Way Specific
Plan, Adopted February
2025
This plan includes a goal to increase residential
development and commercial activities around the
SMART Station. This effort was funded by a grant
from the Metropolitan Transportation Commission
and the Association of Bay Area Governments
and incorporates their Transit Oriented
Communities policies, focused on the core
elements of land use density, affordable housing,
parking management and multimodal access.
Municipal Community
Development
Department
Response and Recovery Planning Documents
Table 4-4 summarizes the response and recovery planning documents for the City of Cotati.
Table 4-4. City of Cotati Response/Recovery Planning Documents Capability
Type Citation and Date HMP Integration and Risk Reduction Authority Responsible
Department or
Agency
Emergency
Operations
Plan
City of Cotati
Emergency Operations
Plan—updated 2019
This plan complements the HMP by outlining
coordinated response procedures for disasters, helping
to reduce impacts and speed up recovery efforts.
Municipal City Manager’s
Office and City of
Cotati
Public
Health
Plan
Cotati General Plan
Community Health &
Wellness Element,
Chapter 3
The Community Health and Wellness Element
primarily relies on the Land Use and Safety Element
for policies related to the HMP and risk reduction.
Municipal Community
Development
Department and
City of Cotati
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4.6.2 Integration
Table 4-2 through Table 4-4 list the local planning mechanisms currently in place for the City of Cotati.
Several of these mechanisms, such as the General Plan, Building Code, Zoning Code, and Capital Improvement Plan, already incorporate hazard-related policies, including seismic safety standards, floodplain development restrictions, and growth management strategies.
The HMP builds on these foundations by identifying mitigation actions that align with and support existing policies, ensuring that hazard mitigation is not treated as a standalone effort but as a coordinated component of broader community planning. As these local plans are updated, information from the HMP, such as risk assessments, vulnerability data, and prioritized projects, can be incorporated to maintain consistency and reinforce long-term resilience goals.
This integration enhances the City’s overall risk management framework and ensures that future HMP updates are informed by comprehensive, data-driven insights. By aligning planning efforts across departments and documents, the City strengthens its ability to mitigate risks and adapt to evolving environmental conditions.
4.6.3 Development and Permitting Capability
Table 4-5 summarizes the capabilities of Cotati to oversee and track development.
Table 4-5. Development and Permitting Capability
Yes/No Comment
Do you issue development permits?
• If you issue development permits, what
department is responsible?
• If you do not issue development permits,
what is your process for tracking new
development?
Yes Community Development Department
Are permits tracked by hazard area? (For
example, floodplain development permits.)
Yes –
Do you have a buildable land inventory? Yes
• If you have a buildable land inventory,
please describe
-
Describe the level of buildout in your
jurisdiction.
N/A A majority of the available parcels are developed,
but many (approximately 25%) are
underdeveloped. There are some undeveloped
parcels, many of which are owned by developers.
4.6.4 Administrative and Technical Capability
Table 4-6 through Table 4-7 summarizes potential staff and personnel resources available to Cotati and their current responsibilities that contribute to hazard mitigation. To expand and improve these 660011 of 669933
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capabilities, the City could explore the creation of a mitigation planning committee, open space board, or economic development committee.
Table 4-6. Administrative Capabilities
Resources Available? Comment
Planning Board Yes Planning Commission serves this role Zoning Board of Adjustment Yes Planning Commission serves this role Planning Department Yes -
Mitigation Planning Committee No -
Environmental Board/Commission Yes Planning Commission serves this role.
Open Space Board/Committee No -
Economic Development Commission/Committee No -
Public Works/Highway Department Yes Public Works Department Construction/Building/Code Enforcement Department Yes Community Development Department Emergency Management/Public Safety Department Yes City Manager’s Office leads Emergency Management, supported by the Police
Department
Maintenance programs to reduce risk (stormwater
maintenance, tree trimming, etc.)
Yes Public Works Department
Mutual aid agreements Yes With multiple jurisdictions throughout the County
Human Resources Manual - Do any job descriptions
specifically include identifying or implementing
mitigation projects or other efforts to reduce natural
hazard risk?
Yes City Manager’s Office and available on
the City website
Other - -
Table 4-7. Technical/Staffing Capabilities
Resources Available? Comment
Planners or engineers with knowledge of land
development and land management practices
Yes Community Development
Engineers or professionals trained in building or
infrastructure construction practices
Yes Public Works/Engineering Department
Planners or engineers with an understanding of
natural hazards
Yes Community Development and Public
Works/Engineering Department
Staff with expertise or training in benefit/cost
analysis
Yes Administrative Services Department
Professionals trained in conducting damage
assessments
Yes The City contracts with building
department staff, including a certified
Building Official and Building Inspectors
Personnel skilled or trained in GIS and/or Hazus
applications
Yes Public Works/Engineering Department
Staff that work with socially vulnerable populations
or underserved communities
Yes SAFE Team
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Resources Available? Comment
Environmental scientists familiar with natural
hazards
No -
Surveyors Yes Public Works/Engineering Department
Emergency manager Yes Police Department
Grant writers No -
Resilience Officer No -
Other (this could include stormwater engineer,
environmental specialist, etc.)
No -
4.6.5 Fiscal Capability
Table 4-8 summarizes financial resources available to Cotati. To expand and improve these capabilities, the City could explore incurring debt through private activity bonds or withholding public expenditures in hazard-prone areas.
Table 4-8. Fiscal Capabilities
Financial Resources
Accessible or Eligible to
Use?
Community Development Block Grants (CDBG, CDBG-DR) Yes
Capital improvement project funding Yes
Authority to levy taxes for specific purposes Yes
User fees for water, sewer, gas, or electric service Yes – water and sewer Impact fees for homebuyers or developers of new development/homes Yes Stormwater utility fee No
Incur debt through general obligation bonds Yes, with voter approval Incur debt through special tax bonds Yes
Incur debt through private activity bonds No
Withhold public expenditures in hazard-prone areas No
Other federal or state funding programs Yes
Open Space Acquisition funding programs Yes
Other (for example, Clean Water Act 319 Grants [Nonpoint Source Pollution]) N/A
4.6.6 Education and Outreach Capability
Table 4-9 summarizes the education and outreach resources available to Cotati. To expand and improve these capabilities, the City could explore the creation of a natural disaster safety program for schools.
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Table 4-9. Education and Outreach Capabilities
Outreach Resources Available? Comment
Public information officer or communications office Yes City Manager’s Office Personnel skilled or trained in website development Yes Administrative Services Department Hazard mitigation information available on your
website
Yes Disaster Preparedness Information and
Materials
Social media for hazard mitigation education and
outreach
Yes Facebook and Instagram
Citizen boards or commissions that address issues
related to hazard mitigation
Yes Planning Commission
Warning systems for hazard events Yes Civic Alert, SoCo Alert Natural disaster/safety programs in place for schools No - Organizations that conduct outreach to socially
vulnerable populations and underserved populations
Yes City contracts with the Sonoma County
Development Commission to provide all
housing services targeting vulnerable
and under-served communities
Public outreach mechanisms / programs to inform the
public on natural hazards, risk, and ways to protect
themselves during such events
Yes Civic Alert
4.6.7 Community Classifications
Table 4-10 summarizes classifications for community programs available to Cotati.
Table 4-10. Community Classifications
Program Participating? Classification Date Classified
Community Rating System (CRS) No - -
Building Code Effectiveness Grading Schedule No - -
Public Protection (ISO Fire Protection Classes 1 to
10)
Yes – Rancho Adobe
Fire Protection District
within City of Cotati
Limits
5 -
National Weather Service StormReady Certification No - - Firewise Communities Classification No - -
Other: Organizations with mitigation focus
(advocacy group, non-government)
N/A - -
N/A = Not applicable; — = Unavailable
4.6.8 Adaptive Capacity
Adaptive capacity is defined as “the ability of systems, institutions, humans and other organisms to adjust to potential damage, to take advantage of opportunities, or respond to consequences” (IPCC 2022). Each jurisdiction has a unique combination of capabilities to adjust to, protect from, and 660044 of 669933
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withstand a future hazard event, future conditions, and changing risk. Table 4-11 summarizes the adaptive capacity for each identified hazard of concern and the City’s capability to address related actions using the following classifications:
• Strong adaptive capacity means the jurisdiction does have the capability to effectively respond, plans/policies exceed minimum requirements; deployable resources all of which decreases vulnerability.
• Moderate adaptive capacity means minimum requirements are in place; moderate capabilities; mitigation measures are identified but not implemented widespread; jurisdiction can recover but needs outside resources.
• Weak adaptive capacity means the jurisdiction does not have the capability to effectively respond, which leads to an increase in vulnerability. Examples include weak, outdated, or inconsistent plans, policies, codes, or ordinances in place; no redundancies; limited to no deployable resources; limited capabilities to respond; long recovery.
Table 4-11. Adaptive Capacity
Hazard Adaptive Capacity - Strong/Moderate/Weak
Dam Failure Moderate
Drought Moderate
Earthquake Moderate
Extreme Cold Moderate
Extreme Heat Moderate
Extreme Wind Moderate
Flood Moderate
Landslide Moderate
Sea Level Rise Moderate
Tsunami Moderate
Wildfire Moderate
4.7 NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE
This section provides information on the management and regulation of the regulatory floodplain, including current and future compliance with the National Flood Insurance Program (NFIP). The floodplain administrator listed in Section 4.1 is responsible for maintaining this information.
The City has adopted the NFIP minimum floodplain management criteria via local regulation. The latest Flood Insurance Rate Map (FIRM) was adopted by the City on December 2, 2008. The Director of Public Works and Engineering is responsible for implementing the requirements of the NFIP by requiring permits for all development within SFHAs shown on the latest FIRM. The Director of Public Works and Engineering reviews proposed development for compliance with applicable floodplain standards, including elevation or floodproofing, floodway restrictions, and certification requirements.
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actions taken as necessary to address non-compliant development and maintain consistency with NFIP.
The City implements the substantial improvement/substantial damage provisions of its floodplain management regulations by requiring property owners, following a damaging event or proposed improvement, to submit a detailed cost estimate prepared by a licensed contractor, along with documentation of the structure’s pre-event market value, typically based on an appraisal or local taxassessed value. Cost estimates are reviewed and evaluated in accordance with FEMA P-758, which defines costs that must be included and excluded when determining substantial improvement or substantial damage. The Director of Public Works and Engineering uses this documentation to determine whether the cost of repairs or improvements equals or exceeds 50 percent of the structure’s market value. If that threshold is met, the structure is classified as substantially damaged or substantially improved and must be brought into full compliance with current floodplain management standards as a condition of permit approval. The jurisdiction documents the determination and enforces compliance through its permitting authority.
While the City participates in the NFIP, it does not participate in the CRS. Table 4-12 provides a summary of NFIP compliance in Cotati.
Table 4-12. NFIP Compliance
Question Comments
What local department is responsible for floodplain management? Public Works and Engineering Are any certified floodplain managers on staff in your jurisdiction? No Do you have access to resources to determine possible future flooding conditions from climate change?
Yes
Does your floodplain management staff need any assistance or training to support its floodplain management program?
If so, what type of assistance/training is needed?
Yes
Updating regulations and standards
Provide an explanation of NFIP administration services you provide (e.g., permit review, GIS, education/outreach, inspections, engineering capability) Flood services include development
review for consistency with flood
standards and making FEMA flood
zones accessible to public via GIS.
How do you determine if proposed development on an existing structure would qualify as a substantial improvement?
Development review
What are the barriers to running an effective NFIP program in the community, if any?
Unsure
Does your jurisdiction have any outstanding NFIP compliance violations that need to be addressed?
If so, state the violations.
No
When was the most recent Community Assistance Visit (CAV) or Community Assistance Contact (CAC)?
2018
What is the local law number or municipal code of your flood damage prevention ordinance?
Chapter 15.04 of the Cotati
Municipal Code
What is the date that your flood damage prevention ordinance was last amended?
2008
Does your floodplain management program meet or exceed minimum requirements?
If exceeds, in what ways?
Meets
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Question Comments
Are there other local ordinances, plans or programs (e.g., site plan review) that support floodplain management and meeting the NFIP requirements? For instance, does the planning board or zoning board consider efforts to reduce flood risk when reviewing variances such as height restrictions? No
Does your community plan to join the CRS program or is your community interested in improving your CRS classification?
No
4.7.1 Repetitive Loss
The OpenFEMA NFIP Multiple Loss Properties dataset was analyzed to gain an understanding of repetitive flood loss in the City. The dataset provides information on structures that have had multiple NFIP claims across the history of the program. According to the dataset, there are no repetitive loss or severe repetitive loss properties in the City of Cotati.
4.7.2 Flood Vulnerability Summary
Table 4-13 provides a summary of flood vulnerability in Cotati.
Table 4-13. Flood Vulnerability Summary
NFIP Topic Comments
Describe areas prone to flooding in your jurisdiction. Areas along the Laguna De Santa Rosa, with the most flood prone areas
at East Cotati Avenue and on the west
side of US 101.
Do you maintain a list of properties that have been damaged by flooding? No Do you maintain a list of property owners interested in flood mitigation? No How many homeowners and/or business owners are interested in mitigation (elevation or acquisition)?
Not Applicable
Are any RiskMAP projects currently underway in your jurisdiction? If so, state what projects are underway.
No
How do you make Substantial Damage determinations? Follow California Intergovernmental Risk Authority (CIRA) guidance
How many Substantial Damage determinations were declared for recent flood events in your jurisdiction?
Zero
How many properties have been mitigated (elevation or acquisition) in your jurisdiction?
If there are mitigation properties, how were the projects funded? Unknown
Do your flood hazard maps adequately address the flood risk within your jurisdiction?
If not, state why.
Yes
4.8 GROWTH/DEVELOPMENT TRENDS
Understanding how past, current, and projected development patterns have or are likely to increase or decrease risk in hazard areas is a key component to appreciating a jurisdiction’s overall risk to its hazards of concern. Recent and expected future development trends, including major 660077 of 669933
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residential/commercial development and major infrastructure development, are summarized in Table 4-14 through Table 4-16.
Table 4-14. Number of Building Permits for New Construction Issued Since the Previous HMP Year and Permit Issued Single Family Multi-Family
Other
(commercial,
mixed-use, etc.) Total
2020 New Construction Permits Issued 242 24 44 310
2020 Permits Issued within SFHA 21 6 1 28
2021 New Construction Permits Issued 30 0 2 32
2021 Permits Issued within SFHA 0 0 0 0
2022 New Construction Permits Issued 0 0 0 0
2022 Permits Issued within SFHA 0 0 1 1
2023 New Construction Permits Issued 0 0 1 1
2023 Permits Issued within SFHA 0 0 1 1
2024 New Construction Permits Issued 1 2 0 3
2024 Permits Issued within SFHA 0 0 0 0
Note: SFHA = Special Flood Hazard Area
Table 4-15. Recent Major Development and Infrastructure from 2020 to Present Property or
Development
Name
Type of
Development
# of Units /
Structures
Location (address
and/or block and
lot)
Known Hazard
Zonesa
Description / Status
of Development
Kessing Ranch Residential 44 SFDs Multiple — Completed Single Family Residential
Subdivision
Sandell
Warehouse 1
Commercial 1 380 Blodgett St/046-
073-006
Partially within a
100-year flood
zone
Completed PODS
warehouse facility
Sandell
Warehouse 2
Commercial 1 390 Blodgett St/046-
073-006
Partially within a
100-year flood
zone
Completed PODS
warehouse facility
Jamie Lane Residential 5 SFDs Multiple — Completed Single Family Dwellings
Note: Accessory Dwelling Units (ADUs) were not included in the issued permit totals. a. Only location-specific hazard zones or vulnerabilities identified. 660088 of 669933
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Table 4-16. Known or Anticipated Major Development and Infrastructure in the Next Five Years Property or
Development
Name
Type of
Developme
nt
# of Units /
Structures
Location (address
and/or block and lot)
Known
Hazard
Zones
Description /
Status of
Development
Cotati Village 1 Mixed Use 177 units, 6
buildings
7515 Alder Ave,
8145 Gravenstein Hwy
144-040-011, 144-040-
021
— Entitlements
Approved
Cotati Village 2 Mixed Use 126 units 7515 Alder Ave,
8145 Gravenstein Hwy
144-040-011, 144-040-
021
— Entitlements
Approved
Cotati Hotel Commercial 153 rooms 146 St Joseph Wy
144-170-005
144-170-003
144-170-010
— Construction
started
Flahaven
Estates
Residential 35 SFDs 8841 Old Redwood Hwy
046-223-018
— Entitlements
Approved
902 E Cotati
Cottages
Residential 4 primary units
and 2 ADUs, 2
buildings
902 E Cotati Ave
144-302-030
— Under construction
Cotati Station Residential 98 units 8354 & 8360 Santero Way
144-320-035; 144-320-
034; 144-320-036
— Entitlements
Approved
La Plaza View
Mixed Use
Project
Mixed Use 35 apartment
units, 10,000 sq ft
of commercial
space
100 E Cotati Ave
144-274-015; 144-275-
014
— Project in design
Lasker Lane
Subdivision
Residential 12 SFDs, 12
ADUs
65 Lasker Ln
144-470-007
— Under review
Redwood Row Residential 170 apartment
units, 14
shopkeeper
spaces
286-019, 046-286-018,
046-286-017, 046-286-
020
— Entitlements
Approved
Note: Any potential developments not listed in the above table can be found here:
https://www.cotaticity.gov/228/projects-in-progress
As noted above, 30 building permits were issued in SFHAs since the previous HMP was adopted and major development is not scheduled to occur in any known hazard areas over the next five years. The percentage of all buildings in the City that are within the 0.2-percent annual chance floodplain (17.5 percent) has not changed since the previous plan, so the overall vulnerability is considered to have stayed the same.
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4.9 JURISDICTIONAL RISK ASSESSMENT
The hazard profiles in Volume I provide detailed information regarding each planning partner’s vulnerability to the identified hazards, including summaries of Cotati’s risk assessment results and data used to determine the hazard ranking. Key local risk assessment information is presented below.
4.9.1 Hazard Area
Maps of probable hazard areas within the City are shown in Figure 4-3 and Figure 4-4. These maps are based on the best available data at the time of the preparation of this plan and are adequate for planning purposes. Maps are provided only for hazards that can be identified clearly using mapping techniques and technologies and for which Cotati has significant exposure.
Figure 4-3. Flood, Dam Inundation, Tsunami, and Sea Level Rise Hazard Area 661100 of 669933
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Figure 4-4. Wildfire Severity Zone, NEHRP Soils, and Landslide Hazard Area
4.9.2 Hazard Event History
The history of natural and non-natural hazard events in Cotati is detailed in Volume I, where each hazard profile includes a chronology of historical events that have affected the County and its municipalities. Table 4-17 provides details on loss and damage in Cotati during hazard events since the last hazard mitigation plan update.
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Table 4-17. Hazard Event History in Cotati, 2021-2025
Dates of
Event
Event
Type
Disaster
Declaration Summary of Event
Summary of
Damage and Losses
in Cotati
January 26-
29, 2021
Flood
and
Debris
Flow
N/A A plume of moisture from the tropical Pacific brought an atmospheric river to the Bay Area, roadway flooding at US101 N and E Washington St on ramp, and a mudslide on SR1 and Fort Ross Rd.
No significant
closures, damage or
losses.
March 10,
2021
Hail N/A A cold upper low moved through the region in early March bringing widespread showers and isolated thunderstorms to the Greater Bay Area. The Santa Rosa Fire Department
reported multiple vehicle accidents on US-101 due to
accumulating small hail.
No significant
closures, damage or
losses.
November
8, 2021
Flood N/A A weak to moderate atmospheric river event impacted the SF Bay Area, bringing moderate to locally heavy rain and gusty winds. Heavy rain caused roadway flooding.
No significant
closures, damage or
losses.
December
13, 2021
Flood N/A A low pressure system from the Gulf of Alaska tapped into sub-tropical moisture from the Central Pacific to drop heavy rain throughout the state.
No significant
closures, damage or
losses.
January 9,
2023
Flood DR-4683-CA
EM-3591-CA
CA23-1
A strong atmospheric river led to widespread flooding across the San Francisco Bay Area and Central Coast.
No significant
closures, damage or
losses.
March 9,
2023
Flood DR-4699-CA
EM-3592-CA
CA23-3
Sub-tropical moisture plume from over the Central Pacific moved into the California Coast. CHP reported a mud slide moving debris on California Highway 116.
No significant
closures, damage or
losses.
January 21-
22, 2024
Flood N/A Widespread rainfall and nuisance flooding occurred across the Bay Area. Westbound California Route 116 at Travis
Road was flooded across all lanes. A vehicle was stuck in floodwaters on Eastside Road north of Mark West Station Road. A mudslide was reported on California Highway 1 near Estero Lane. The Shiloh Road and Arata Lane offramps from US Highway 101 northbound were closed due to standing
water. Flooding was reported in northern Guerneville. Heavy rain caused flooding from Fife Creek at Sycamore Court
Mobile Home Park; 3 inches of water flooded a trailer.
No significant
closures, damage or
losses.
January 31,
2024
Flood N/A A cold front brought widespread rain and high winds through California.
No significant
closures, damage or
losses.
February 4,
2024
Flood N/A Two cold fronts caused minor nuisance flooding gusty winds, and widespread rain. Roadway flooding was reported at
California Route 1 and Kruse Ranch Road; a vehicle was
stuck in mud on the right hand side of the road. Standing water was reported halfway across Occidental Road in two spots between Mill Street and California Highway 116.
Approximately 3 inches of water rushed across Calistoga Road near Alpine Road. Roadway flooding was reported at Arnold Drive and Boyes Blvd. Water flooded the roadway at northbound Olivet Road at Piner Road. Roadway flooding
was reported at eastbound Highway 116 and Bloomfield
Road. A landslide blocked eastbound lanes of Mark West
Springs Road. A vehicle was stuck in a flooded roadway on Valley Ford Road. Route 12 was closed due to flooding from Fremont Drive to Watmaugh Road. A creek flowed over Mark West Station Road. Mud, dirt, and rock blocked Los Alamos Road.
No significant
closures, damage or
losses.
EM = Emergency Declaration (FEMA); DR = Major Disaster Declaration (FEMA); N/A = Not applicable 661122 of 669933
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4.9.3 Hazard Ranking and Vulnerabilities
The hazard profiles in Volume I have detailed information regarding each planning partner’s vulnerability to the identified hazards. The following presents key risk assessment results for Cotati.
Hazard Ranking
The participating jurisdictions have differing degrees of vulnerability to the hazards of concern, so each jurisdiction ranked its own degree of risk to each hazard. The community-specific hazard ranking is based on problems and impacts identified by the risk assessment presented in Volume I. The ranking process involves an assessment of the likelihood of occurrence for each hazard; the potential impacts of the hazard on people, property, and the economy; community capabilities to address the hazard; and changing future climate conditions.
The City of Cotati reviewed the preliminary hazard ranking calculated as described in Volume I to assess the relative risk of the hazards of concern to the community. The revised rankings account for the changes in community priorities described in Section 4.5 of this annex and in Volume I of this HMP.
Table 4-18 shows the City of Cotati’s final hazard rankings for the identified planning area hazards of concern. Hazards ranked as “No exposure” are not considered to be hazards of local concern and are excluded from the vulnerability assessment, potential impacts assessment, and mitigation strategy.
Mitigation actions outlined below address all hazards of local concern, targeting high and medium hazards especially.
Table 4-18. Hazard Ranking
Hazard Rank
Dam Failure No exposure to this hazard
Drought Medium
Earthquake High
Extreme Cold Low
Extreme Heat Medium
Extreme Wind Low
Flood Medium
Landslide Low
Sea Level Rise No exposure to this hazard
Tsunami No exposure to this hazard
Wildfire Medium
Note: The scale is based on the hazard rankings established in Volume I, modified as appropriate based on review by the jurisdiction.
The dam failure inundation area for high and very high hazard dams does not occur within the City’s boundaries; therefore, there is no exposure to the dam failure hazard. Because the city is inland, tsunamis and sea level rise are not expected to have an impact on the people, buildings, or critical facilities in the city. 661133 of 669933
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The City updated the hazard rankings for extreme cold, extreme wind, flood, and wildfire based on the following considerations of local conditions:
• Extreme Cold and Extreme Wind: These hazards are generally infrequent and low in severity due to the City’s coastal California location. A low ranking is appropriate to reflect the limited risk posed by these events.
• Flooding: While the City does not experience widespread flooding, certain areas are subject to localized flood events, particularly during periods of heavy rainfall. A medium ranking better represents the potential impacts and supports appropriate mitigation efforts. • Wildfire: According to the latest State LRA maps, some isolated portions of the City are designated as “moderate” Fire Hazard Severity Zones (FHSZ). However, the majority of the City is not identified as having elevated wildfire risk (See Figure 4-4).
Vulnerability to Hazards of Local Concern
Based on the above jurisdiction-specific information, this section describes vulnerability of community assets to the hazards of local concern to the City of Cotati.
Table 4-19 summarizes the percentage of the jurisdiction’s general buildings and community lifelines located in the mapped hazard areas for the hazards of local concern. Table 4-20 shows the percentage of the jurisdiction’s total population and socially vulnerable populations in each of these hazard areas.
Additional details on these results are provided in the hazard profiles in Volume I.
Table 4-19. Vulnerability of Community Assets to Mapped Hazards of Local Concern Mapped Hazard Areaa
Number of
Buildings
Value of
Buildings
Community
Lifelines
Dam Failure High and Extremely High Inundation Area 0.0% 0.0% 0.0% NEHRP D & E Soils 31.8% 42.5% 26.3%
1% Annual Chance Floodplain 6.7% 6.0% 5.3%
0.2% Annual Chance Floodplain 17.5% 16.5% 10.5%
Geologic Hazard Area 0.0% 0.0% 0.0%
Moderate Landslide Susceptibility Area 17.1% 13.5% 5.3% High Landslide Susceptibility Area 3.4% 2.7% 0.0%
Very High Landslide Susceptibility Area 0.0% 0.0% 0.0%
Sea Level Rise 0.0% 0.0% 0.0%
Tsunami 0.0% 0.0% 0.0%
Moderate Fire Hazard Severity Zone 11.0% 9.8% 10.5%
High Fire Hazard Severity Zone 0.0% 0.0% 0.0%
Very High Fire Hazard Severity Zone 0.0% 0.0% 0.0%
a. See the hazard profiles in Volume I for definitions of each mapped hazard area. 661144 of 669933
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Table 4-20. Populations Living in Mapped Hazard Areas
Mapped Hazard Areaa
Total
Population
People
Under 5
People
Over 65
NonEnglish
Speakers
People
With
Disabilities
People
Living in
Poverty
Single
Parent
Household
No
Vehicle
Access
Dam Failure High and
Extremely High Inundation
Area
0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
NEHRP D & E Soils 32.3% 32.1% 32.3% 31.5% 32.2% 32.2% 32.0% 0.0% 1% Annual Chance
Floodplain
7.8% 7.7% 7.8% 7.7% 7.7% 7.7% 7.5% 0.0%
0.2% Annual Chance
Floodplain
18.7% 18.7% 18.7% 18.5% 18.6% 18.7% 18.4% 0.0%
Geologic Hazard Area 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Moderate Landslide
Susceptibility Area
15.6% 15.4% 15.5% 15.4% 15.5% 15.5% 15.4% 0.0%
High Landslide
Susceptibility Area
3.3% 3.2% 3.2% 3.1% 3.2% 3.2% 3.1% 0.0%
Very High Landslide
Susceptibility Area
0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Sea Level Rise 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Tsunami 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Moderate Fire Hazard
Severity Zone
6.6% 6.5% 6.5% 6.2% 6.6% 6.5% 6.6% 0.0%
High Fire Hazard Severity
Zone
0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Very High Fire Hazard
Severity Zone
0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
a. See the hazard profiles in Volume I for definitions of each mapped hazard area.
Drought is unlikely to cause physical changes to buildings, facilities, or infrastructure. However, certain community lifelines are susceptible to impact if water is unavailable, such as water systems. Four city water wells are identified as critical facilities vulnerable to drought. In addition, the total population of the City (7,533 people) could be impacted by a drought if water rationing is implemented. In particular, the 1,122 adults over age 65 are vulnerable to dehydration in drought conditions.
Buildings located on National Earthquake Hazards Reduction Program (NEHRP) Class D and E soils are more likely to be damaged during an earthquake. Almost one-third of the buildings in Cotati (31.8 percent) are located on NEHRP Class D and E soils. In addition, 10 community lifeline facilities are located on Class D and E soils. This includes a bank, daycares, a local bridge, the Cotati Train Station, a sewer lift station, a state bridge, a veterinary office, and water wells. 32.3 percent of the city’s population lives on Class D and E soils, including 362 adults over age 65.
Extreme heat is unlikely to cause physical damage to buildings, facilities, or infrastructure. The city has four municipal water wells that are community lifelines. During an extreme heat event, the evaporation of water inside the wells could increase. Individuals who do not have access to air conditioning are vulnerable to health complications during extreme heat episodes. In particular, the 1,122 adults above 661155 of 669933
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age 65 and 600 individuals living below the poverty line could be at risk for heat stroke, especially those who fall into both categories.
Extreme cold is unlikely to cause physical damage to buildings and facilities, although it has the potential to freeze and burst building infrastructure that contains liquids or gasses. Extreme cold also presents a risk to populations that do not have access to heating, such as the 31 persons experiencing homelessness.
Extreme wind may cause superficial damage to buildings, especially when the wind triggers falling trees or branches that land on roofs, windows, or doors. In addition, the 821 people with disabilities or the 1,122 adults over age 65 may experience difficulty walking through strong gusts of wind.
The City has moderate exposure to flooding, with 232 buildings in the 1-percent annual chance floodplain and 604 buildings in the 0.2-percent annual chance floodplain. There are two critical bridges in the 1-percent annual chance floodplain and two veterinary offices in the 0.2-percent chance annual floodplain. 586 people live in the 1-percent annual chance floodplain, including 63 people living with a disability, and 1,410 people live in the 0.2-percent annual chance floodplain, including 153 people living with a disability. Error! Reference source not found.Table 4-21 identifies critical facilities in the community located in the 1 percent and 0.2 percent annual chance floodplains.
Table 4-21. Critical Facilities Flood Vulnerability
Name Type 1% Annual
Chance Event
0.2% Annual
Chance Event
LAGUNA DE SANTA ROSA State Highway Bridge X X
LAGUNA DE SANTA ROSA Local Bridge X X
COOK WILLIAM & COOK LYNNE Veterinary - X
CEBO Veterinary - X
Source: County of Sonoma; California Energy Commission; Caltrans; HIFLD; USACE NID The City has low exposure to landslide hazards, with 590 buildings in the moderate landslide susceptibility hazard area and 116 buildings in the high landslide susceptibility hazard area. There is one critical facility in the moderate landslide susceptibility hazard area (Thomas Page Academy). There are 1,173 people living in the moderate landslide susceptibility hazard area and 246 people living in the high landslide susceptibility hazard area.
The City has moderate exposure to wildfires, with 380 buildings in the moderate fire hazard severity zone. There are three critical facilities in the moderate fire hazard severity zone (Thomas Page Academy and two veterinary offices). There are 496 people living in the moderate fire hazard severity zone, including 54 people living with a disability.
Potential Impacts from Hazards of Local Concern
Table 4-22 summarizes available quantitative estimates of potential impacts on community assets for the dam failure, flood, and earthquake hazards. In the event of a 500-year earthquake, as many as 146 661166 of 669933
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households could be displaced, 69 people may require shelter, 7.9 percent of the buildings in the City could be damaged, and 50,031 tons of debris could be generated. In the event of a 2,500-year earthquake, as many as 489 households could be displaced, 232 people may require shelter, 7.9 percent of the buildings in the City could be damaged, and 134,287 tons of debris could be generated.
In the event of a one-percent annual chance flood, as many as 309 people could be displaced, 127 people may require shelter, less than 0.1 percent of the buildings in the City could be damaged, and 42 tons of debris could be generated.
Table 4-22. Hazus-Determined Impacts for Hazards of Local Concern Impact Dam Failure
500-Year
Earthquake
Probabilistic
Event
2,500-Year
Earthquake
Probabilistic
Event
1% Annual
Flood
Chance
Event
Displaced Population 0 people 146 households 489 households 309 people Population Requiring Shelter 0 people 69 people 232 people 127 people General Building Damage as % of RCV 0.0% 7.9% 7.9% <0.1%% Total Debris Generated (tons) 0 50,031 134,287 42
Note: RCV = Replacement Cost Value
For all other hazards of local concern, the potential impacts were qualitatively evaluated. Table 4-23 summarizes additional risks specific to the City. The qualitative assessments in the hazard profiles in Volume I are equally applicable to the City.
Table 4-23. Qualitative Assessment of Impacts for Hazards of Local Concern Hazard Qualitative Local Impacts
Drought The City is vulnerable to drought conditions that may reduce water availability and impact local agriculture and landscaping.
Earthquake Located within an active seismic region, Cotati is at risk of experiencing earthquakes that could cause disruption to services and structural damage, specifically to buildings constructed prior to current building standards.
Extreme Cold Extreme cold events are rare and typically have a minimal impact on Cotati’s population and infrastructure.
Extreme Heat Heat waves occur periodically, posing health risks to residents, especially vulnerable groups, and increasing demand on energy and water systems.
Extreme Wind The City may experience occasional strong winds that can lead to property damage, power outages, and hazardous conditions.
Flood Flooding is a concern due to the City’s proximity to waterways and the potential for heavy rainfall, which can affect homes, businesses, and infrastructure.
Landslide Certain areas with sloped terrain may be susceptible to landslides, particularly during heavy rains or seismic events, but no specific landslide hazards have been noted.
Wildfire Wildfire poses a significant threat to Cotati due to surrounding vegetation and climatic conditions, which can endanger lives, property, and air quality. 661177 of 669933
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4.9.4 Identified Issues
After review of hazard event history, hazard rankings, hazard location, and current capabilities, the City of Cotati, through its Public Works/Engineering and Community Development departments, identified the following risk-related issues for the community:
• City water infrastructure is vulnerable to multiple natural hazards, including earthquakes, extreme wind, flooding, and wildfire. These hazards pose a significant risk of damage to water wells and sewer lift stations, which are critical for maintaining public health and safety. • The City water supply system is vulnerable to hazards such as earthquakes, extreme wind, flooding, and wildfire. These events could disrupt the City’s ability to provide a continuous and safe water supply during emergencies, posing a significant risk to public health and safety. • The City sewer system infrastructure is vulnerable to hazards such as earthquakes, extreme wind, flooding, and wildfire. These events can compromise the integrity of the sewer system, leading to service disruptions, environmental contamination, and public health risks. • The City faces challenges related to aging water infrastructure, which compromises the reliability and safety of the community’s water supply—especially during hazard events such as earthquakes, extreme wind, flooding, and wildfire. Without proactive investment, the aging system may fail to meet future demand or withstand natural disasters. • The City water infrastructure is vulnerable to the loss of power at well sites during hazard events such as earthquakes, extreme wind, flooding, and wildfire. Power outages can disrupt water supply operations, jeopardizing public health and safety, especially during emergencies when water access is most critical.
• The City of Cotati sewer lift station infrastructure is vulernable to the risk of power loss during hazard events such as earthquakes, extreme wind, flooding, and wildfire. Without backup power, these stations may fail, leading to sewage overflows, environmental contamination, and public health risks.
• The City’s critical facilities, such as emergency operations centers, fire stations, and public safety buildings, are vulnerable to the risk of power loss during hazard events including earthquakes, extreme wind, flooding, and wildfire. Without reliable backup power, these facilities may be unable to operate during emergencies, compromising public safety and emergency response capabilities.
• The City recognizes the importance of regional coordination in addressing a wide range of hazards, including drought, earthquake, extreme temperatures, wind, flood, landslide, and wildfire. These hazards do not respect jurisdictional boundaries, and effective mitigation requires a unified, countywide approach.
• The City faces a significant risk of infrastructure failure or damage due to hazards such as earthquakes, flooding, landslides, and wildfires. These events can severely disrupt transportation routes, utilities, and communication systems, making timely and organized evacuation difficult.
Without a coordinated evacuation strategy, residents, especially those in vulnerable areas, may face confusion, delays, and increased risk of injury or harm during emergencies. 661188 of 669933
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• The City faces increasing risk of water supply shortages due to hazards such as drought, earthquake, flooding, landslides, and wildfire. These events can disrupt water sourcing and distribution, threatening the availability of safe and reliable drinking water for residents, businesses, and critical facilities.
• The City is experiencing low water pressure and flow, particularly during emergencies such as drought, earthquakes, flooding, landslides, and wildfires. This deficiency poses a serious risk to public safety, as it limits the City’s ability to provide adequate water for firefighting and emergency response, especially in high-risk areas.
• During hazard events such as earthquakes, wildfires, or extreme weather, power outages can disrupt traffic signal operations, leading to unsafe intersections and impaired emergency response. This poses a significant risk to public safety and mobility, especially for vulnerable populations and during evacuations.
• The City experiences recurring flooding in the Laguna de Santa Rosa and East Cotati Avenue areas, leading to water loss, infrastructure damage, and disruption of transportation and emergency services. The existing storm drain system is insufficient to manage high-intensity rainfall events, which are becoming more frequent due to climate change. • Flooding poses a recurring threat to the City of Cotati, endangering property, infrastructure, and public safety. Without access to affordable flood insurance and mitigation incentives, residents and businesses face increased financial vulnerability. Continued participation in the NFIP ensures community eligibility for flood insurance and supports floodplain management efforts. • Inconsistent or uncoordinated planning between the General Plan’s Safety Element and the HMP can lead to gaps in hazard mitigation, regulatory conflicts, and missed opportunities for funding and resilience-building. Ensuring alignment between these plans is essential for legal compliance, operational efficiency, and effective risk reduction.
• The City faces increasing risks of water supply shortages due to prolonged droughts, earthquakes, and wildfire-related infrastructure damage. These hazards threaten the City’s ability to provide reliable water for residents, businesses, and emergency services.
4.10 MITIGATION STRATEGY AND PRIORITIZATION
This section discusses the status of mitigation actions from the previous HMP, describes proposed hazard mitigation actions, and prioritizes actions to address over the next five years.
4.10.1 Past Mitigation Action Status
Table 4-24 indicates progress on the City’s mitigation strategy identified in the 2021 HMP. Actions that are still recommended but not completed or that are in progress are carried forward and combined with new actions as part of the mitigation strategy for this plan update. Previous actions that are now ongoing programs and capabilities are indicated as such and are presented in the capability assessment earlier in this annex.
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Table 4-24. Status of 2021 Mitigation Actions for Cotati Mitigation Actions Status
Project Number COT-1
Hazards Addressed Earthquake, severe weather
Lead Agency City of Cotati
Mitigation Action Description Implement water system emergency monitoring and leak detection (includes water quality monitoring and zone isolation) Status In progress
Narrative describing progress or
obstacles that have prevented
implementation
Partially implemented. Leak detection complete.
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate No change
If discontinue, explain why Not Applicable
Project Number COT-2
Hazards Addressed Earthquake, severe weather
Lead Agency City of Cotati
Mitigation Action Description Collaborate with Sonoma Water on building an emergency interconnect and loop main (Cotati tanks direct interconnect, looping main to Madrone Road)
Status No Progress
Narrative describing progress or
obstacles that have prevented
implementation
Not Started
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate No Change
If discontinue, explain why Not Applicable
Project Number COT-3
Hazards Addressed Earthquake
Lead Agency City of Cotati
Mitigation Action Description Collaborate with the City of Rohnert Park to build a CotatiRohnert Park water system emergency interconnect Status No Progress
Narrative describing progress or
obstacles that have prevented
implementation
Not Started
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate No Change
If discontinue, explain why Not Applicable
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Mitigation Actions Status
Project Number COT-4
Hazards Addressed Earthquake
Lead Agency City of Cotati
Mitigation Action Description Collaborate with the City of Rohnert Park to build a CotatiRohnert Park sewer system emergency interconnect Status Partially Implemented.
Narrative describing progress or
obstacles that have prevented
implementation
Received utility maps from Rohnert Park to facilitate temporary emergency interconnection.
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate No Change
If discontinue, explain why Not Applicable
Project Number COT-5
Hazards Addressed Earthquake
Lead Agency City of Cotati
Mitigation Action Description Fund and build well sites/tank intrusion monitoring Status Not Progress
Narrative describing progress or
obstacles that have prevented
implementation
Not budgeted. Considered for FY 26-27
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate No Change
If discontinue, explain why Not Applicable
Project Number COT-6
Hazards Addressed Earthquake
Lead Agency City of Cotati
Mitigation Action Description Fund and build well site emergency power interconnects (adding generator hook ups to all well sites)
Status In progress
Narrative describing progress or
obstacles that have prevented
implementation
Started placing hookups at all well sites.
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate No Change
If discontinue, explain why Not Applicable
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Mitigation Actions Status
Project Number COT-7
Hazards Addressed Earthquake
Lead Agency City of Cotati
Mitigation Action Description Fund a Redwood Drive and Myrtle Sewer lift station emergency back-up power source
Status No Progress
Narrative describing progress or
obstacles that have prevented
implementation
Unsuccessful grant applications. Budgeted for FY 25-26
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-07 If discontinue, explain why Not Applicable
Project Number COT-8
Hazards Addressed Earthquake, Severe Weather, Wildfire
Lead Agency City of Cotati
Mitigation Action Description Fund critical facilities emergency stationary back-up power system and back-up power project
Status In Progress
Narrative describing progress or
obstacles that have prevented
implementation
Consultant selected to evaluate power options. The study is budgeted for FY 25-26
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-08 If discontinue, explain why Not Applicable
Project Number COT-9
Hazards Addressed Earthquake, wildfire, severe weather, flood, landslide, dam failure, drought, sea level rise, tsunami
Lead Agency City of Cotati
Mitigation Action Description Support ongoing hazard mitigation efforts in the county.
Status Ongoing, In progress
Narrative describing progress or
obstacles that have prevented
implementation
-
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate No Change
If discontinue, explain why Not Applicable
Project Number COT-10
Hazards Addressed Earthquake, wildfire
Lead Agency City of Cotati
Mitigation Action Description Fund and implement evacuation coordination project Status In progress
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Mitigation Actions Status
Narrative describing progress or
obstacles that have prevented
implementation
Police zones established as evacuation zones.
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-10 If discontinue, explain why Not Applicable
Project Number COT-11
Hazards Addressed Earthquake
Lead Agency City of Cotati
Mitigation Action Description Develop an infrastructure asset management system for inspection/rapid repair
Status In Progress
Narrative describing progress or
obstacles that have prevented
implementation
Partially complete. NexGen software being used.
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-01 If discontinue, explain why Not Applicable
Project Number COT-12
Hazards Addressed Wildfire, earthquake
Lead Agency City of Cotati
Mitigation Action Description Fund emergency water storage and supply projects Status Ongoing
Narrative describing progress or
obstacles that have prevented
implementation
Approved rate increases for the next 5 years
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-11 and 2026-Cotati-17 If discontinue, explain why Not Applicable
Project Number COT-13
Hazards Addressed Wildfire, earthquake
Lead Agency City of Cotati
Mitigation Action Description Fund fire flow booster pump system Status Ongoing
Narrative describing progress or
obstacles that have prevented
implementation
Approved rate increases for the next 5 years
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-11 If discontinue, explain why Not Applicable
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Mitigation Actions Status
Project Number COT-14
Hazards Addressed Wildfire
Lead Agency City of Cotati
Mitigation Action Description Fund water main fire flow projects Status Ongoing
Narrative describing progress or
obstacles that have prevented
implementation
Proposed rate increases for the next 5 years
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-12 If discontinue, explain why Not Applicable
Project Number COT-15
Hazards Addressed Wildfire, severe weather, flood, earthquake Lead Agency City of Cotati
Mitigation Action Description Purchase a back-up power source for traffic signal solar red flasher to assist with community movement in the event of power loss
Status Ongoing
Narrative describing progress or
obstacles that have prevented
implementation
Battery installed on some signals. Others to be budgeted.
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-13 If discontinue, explain why Not Applicable
Project Number COT-16
Hazards Addressed Flood, severe weather
Lead Agency City of Cotati
Mitigation Action Description Fund a Laguna de Santa Rosa/East Cotati Avenue storm drain flood improvement project
Status In Progress
Narrative describing progress or
obstacles that have prevented
implementation
Zone 1A responsibility
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-14 If discontinue, explain why Not Applicable
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-38
Mitigation Actions Status
Project Number COT-17
Hazards Addressed Flood, severe weather
Lead Agency City of Cotati
Mitigation Action Description Maintain participation in NFIP Status No Progress
Narrative describing progress or
obstacles that have prevented
implementation
Not aware of anyone in the program
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate See Action Worksheet 2026-Cotati-15 If discontinue, explain why Not Applicable
Project Number COT-18
Hazards Addressed All hazards
Lead Agency City of Cotati
Mitigation Action Description Ensure compliance, adoption and coordination between General Plan’s Safety Element and HMP
Status Ongoing
Narrative describing progress or
obstacles that have prevented
implementation
Achieved through annual general plan update report
Include in the 2026 HMP or Discontinue? Include
If include, revise/reword as appropriate No Change
If discontinue, explain why Not Applicable
4.10.2 Additional Mitigation Efforts
In addition to the mitigation actions listed as completed in Table 4-24, Cotati has made significant mitigation progress in the following areas since the adoption of the previous HMP:
• Tree trimming/thinning
• Weed abatement in public right of way
• Rancho Adobe fire mitigation
• Weed abatement on private properties
4.10.3 Proposed Hazard Mitigation Actions for the HMP Update Cotati participated in the mitigation strategy workshop for this HMP to identify appropriate actions to include in a local hazard mitigation strategy. Its comprehensive consideration of all possible activities to address hazards of concern included review of the following FEMA documents:
• FEMA 551 “Selecting Appropriate Mitigation Measures for Floodprone Structures” (March 2007) • FEMA “Mitigation Ideas—A Resource for Reducing Risk to Natural Hazards” (January 2013) 662255 of 669933
Sonoma County Hazard Mitigation Plan
City of Cotati 4-39
• FEMA Hazard Mitigation Assistance Program and Policy Guide (July 2024) The action worksheets included at the end of this annex list the mitigation actions that Cotati would like to pursue in the future to reduce the effects of hazards. The actions are dependent upon available funding (grants and local match availability) and may be modified or omitted at any time based on the occurrence of new hazard events and changes in City priorities.
Table 4-25 indicates how the proposed mitigation actions fall within the four FEMA mitigation action categories and six CRS mitigation action categories (these categories are described in Appendix D).
Table 4-25. Analysis of Mitigation Actions by Hazard and Category Hazard LPR SIP NSP EAP PR PP PI NR SP ES
Dam Failure
Drought X X X X X X X
Earthquake X X X X X X X
Extreme Cold X X X X X X
Extreme Heat X X X X X X
Extreme Wind X X X X X X X
Flooding X X X X X X X X X
Landslide X X X X X X X
Sea Level Rise
Tsunami
Wildfire X X X X X X X
Note: Mitigation category codes as follows (see Appendix D for descriptions ): LPR = Local Plans and Regulations; SIP = Structure and Infrastructure Project; NSP = Natural Systems Protection; EAP = Education and Awareness Programs; PR = Preventative Measures; PP = Property Protection; PI = Public Information; NR = Natural Resource Protection; SP = Structural Flood Control Projects; ES = Emergency Services Volume I identifies evaluation criteria for prioritizing the mitigation actions. To assist with rating each mitigation action as high, medium, or low priority, a numeric rank is assigned for each of the evaluation criteria. Table 4-26 provides a summary of the prioritization of all proposed mitigation actions for the HMP update.
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-40
Table 4-26. Summary of Prioritization of Actions
Project Name Cost Benefit Objectives
Time
Frame Score Priority
Installation of Well Sites Low High 3 1-5 years 8.231 High Emergency Power Interconnects Low Medium 3 1-5 years 7.231 High Backup Power Medium High 3 1-5 years 7.231 High
Critical Facilities - Backup Power High High 4 1-5 years 6.308 Medium Madrone Road Interconnection High High 4 1-5 years 6.308 Medium Cotati / Rohnert Park Interconnection (Water) High High 4 1-5 years 6.308 Medium Cotati / Rohnert Park Interconnection (Sewer) High High 4 1-5 years 6.308 Medium Water Wells and Sewer Lift Stations High High 4 1-5 years 6.308 Medium Hazard Mitigation Support Low Low 12 1-10 years 5.924 Medium Storm Drain Flood Improvement High High 11 1-10 years 5.847 Medium NFIP Program Low Low 11 1-10 years 5.847 Medium
General Plan Safety Element Low Low 11 1-10 years 5.847 Medium Emergency Water and Supply System High High 6 1-10 years 5.462 Medium Water Main Fire Flow High High 6 1-10 years 5.462 Medium Water Storage and Supply High High 6 1-10 years 5.462 Medium Emergency Power - Traffic Safety Signal Medium Medium 5 1-10 years 5.385 Medium Evacuation Coordination Medium Medium 4 1-10 years 5.308 Medium Note: Volume I conveys guidance on prioritizing mitigation actions. Low (0-5), Medium (5-7), High (7-9). 662277 of 669933
Sonoma County Hazard Mitigation Plan
City of Cotati 4-41
Action 2026-Cotati-01. Water Wells and Sewer Lift Stations Lead Agency: Public Works and Engineering
Supporting Agencies: Community Development
Hazards of Concern: Earthquake, Extreme Wind, Flood, Wildfire Description of the Problem: The City of Cotati has identified vulnerabilities in its water infrastructure due to multiple natural hazards, including earthquakes, extreme wind, flooding, and wildfire. These hazards pose a significant risk of damage to water wells and sewer lift stations, which are critical for maintaining public health and safety.
Description of the Solution: The City proposes implementing a water system emergency monitoring and leak detection system. This infrastructure project will enhance the City's ability to detect and respond to system failures in real time, reducing service disruptions and ensuring the continued delivery of safe drinking water.
Estimated Cost: High
Potential Funding Sources: Water Enterprise, FEMA HMGP
Implementation Timeline: Within 5 years
Objectives Met: 2,3,4,6
Benefits: Ability to supply safe drinking water
Impact on Socially Vulnerable
Populations:
Enhanced public health protection
Impact on Future Development: Supports resilient infrastructure planning, ensuring that future development is served by a reliable water system.
Impact on Critical Facilities/Lifelines: Protects essential water and wastewater infrastructure, which are lifelines for hospitals, emergency services, and residential areas.
Impact on Capabilities: Strengthens the City’s operational capacity to monitor, maintain, and respond to infrastructure issues during and after hazard events Climate Change Considerations: Addresses increased risk of drought and extreme weather events by improving system efficiency and reducing water loss.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority High
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-42
Action 2026-Cotati-02. Madrone Road Interconnection
Lead Agency: City of Cotati Public Works and Engineering Supporting Agencies: Community Development
Hazards of Concern: Earthquake, Extreme Wind, Flood, Wildfire Description of the Problem: The City of Cotati has identified a critical vulnerability in its water supply system due to hazards such as earthquakes, extreme wind, flooding, and wildfire. These events could disrupt the City’s ability to provide a continuous and safe water supply during emergencies, posing a significant risk to public health and safety.
Description of the Solution: The City proposes to collaborate with Sonoma Water to construct an emergency interconnect and loop main, specifically, a direct interconnect from the Cotati Tanks to Madrone Road. This infrastructure will allow for temporary water supply continuity during emergencies and improve system redundancy.
Estimated Cost: High
Potential Funding Sources: Water Enterprise, grant funding Implementation Timeline: Within 5 years
Objectives Met: 2,3,4,6
Benefits: This action will ensure continuous water supply as needed for a temporary duration during emergencies. Partnerships between water systems can enhance public health protection by sharing equipment and treatment chemicals.
Impact on Socially Vulnerable
Populations:
Enhanced public health protection
Impact on Future Development: Supports resilient infrastructure planning, ensuring new development is served by a more robust water system.
Impact on Critical
Facilities/Lifelines:
Strengthens water supply to critical facilities such as hospitals, emergency shelters, and fire services.
Impact on Capabilities: Increases the City’s operational flexibility and emergency response capacity.
Climate Change Considerations: Enhances resilience to climate-driven hazards such as drought, wildfire, and extreme weather events.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority High
662299 of 669933
Sonoma County Hazard Mitigation Plan
City of Cotati 4-43
Action 2026-Cotati-03. Cotati-Rohnert Park Water System Emergency Interconnect (Water)
Lead Agency: City of Cotati Public Works and Engineering Supporting Agencies: Community Development
Hazard(s) of Concern: Earthquake, Extreme Wind, Flood, Wildfire Description of the Problem: The City of Cotati has identified a critical vulnerability in its water supply system due to hazards such as earthquakes, extreme wind, flooding, and wildfire. These hazards could disrupt the City’s ability to maintain a continuous and safe water supply during emergencies, posing a significant risk to public health, safety, and critical services.
Description of the Solution: The City proposes to collaborate with the City of Rohnert Park to construct a Cotati–Rohnert Park Water System Emergency Interconnect. This infrastructure project would allow for temporary water supply sharing between the two cities during emergencies, enhancing system redundancy and regional resilience.
Estimated Cost: High
Potential Funding Sources: Water Enterprise, FEMA HMGP
Implementation Timeline: Within 5 years
Objectives Met: 2,3,4,6
Benefits: This action will ensure continuous water supply as needed for a temporary duration during emergencies. Partnerships between water systems can enhance public health protection by sharing equipment and treatment chemicals.
Impact on Socially Vulnerable
Populations:
Enhanced public health protection
Impact on Future Development: Supports resilient infrastructure planning, ensuring future developments are served by a more robust and interconnected water system.
Impact on Critical
Facilities/Lifelines:
Strengthens water supply reliability for hospitals, emergency shelters, fire stations, and other essential services.
Impact on Capabilities: Enhances the City’s operational flexibility and emergency response capacity through inter-jurisdictional coordination.
Climate Change Considerations: Increases resilience to climate-related hazards, such as drought, wildfire, and extreme weather, by diversifying water supply options.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-44
Action 2026-Cotati-04. Cotati-Rohnert Park Sewer System Emergency Interconnect (Sewer)
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Earthquake, Extreme Wind, Flood, Wildfire Description of the Problem: The City of Cotati has identified a significant vulnerability in its sewer system infrastructure due to hazards such as earthquakes, extreme wind, flooding, and wildfire. These events can compromise the integrity of the sewer system, leading to service disruptions, environmental contamination, and public health risks.
Description of the Solution: To mitigate this risk, the City proposes to partner with the City of Rohnert Park to construct a Cotati–Rohnert Park Sewer System Emergency Interconnect.
This infrastructure project would allow for temporary sewer system support between the two cities during emergencies, ensuring continued wastewater service and reducing the risk of system failure.
Estimated Cost: High
Potential Funding Sources: Water Enterprise, FEMA HMGP
Implementation Timeline: Within 5 years
Objectives Met: 2,3,4,6
Benefits: Emergency interconnects allow sewer systems to operate during emergencies when regular connections are compromised.
Impact on Socially Vulnerable
Populations:
Enhanced public health protection
Impact on Future Development: Supports resilient infrastructure planning, ensuring new developments are served by a more robust and interconnected sewer system.
Impact on Critical
Facilities/Lifelines:
Maintains essential wastewater services for hospitals, emergency shelters, and other critical facilities.
Impact on Capabilities: Improves the City’s emergency response and operational flexibility through regional collaboration.
Climate Change Considerations: Enhances resilience to climate-related hazards, such as increased flooding and wildfire events, which can damage sewer infrastructure.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-45
Action 2026-Cotati-05. Installation of Well Sites
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Earthquake, Extreme Wind, Flood, Wildfire Description of the Problem: The City of Cotati faces challenges related to aging water infrastructure, which compromises the reliability and safety of the community’s water supply— especially during hazard events such as earthquakes, extreme wind, flooding, and wildfire. Without proactive investment, the aging system may fail to meet future demand or withstand natural disasters.
Description of the Solution: The City proposes to fund and construct new well sites to modernize its water infrastructure. These wells will provide a more reliable and resilient source of clean drinking water, ensuring service continuity during emergencies and reducing dependence on aging components.
Estimated Cost: Low
Potential Funding Sources: Water Enterprise, FEMA HMGP
Implementation Timeline: Within 5 years
Objectives Met: 3,4,6
Benefits: Consistent clean water supply
Impact on Socially Vulnerable
Populations:
Provides clean and fresh drinking water
Impact on Future Development: Supports sustainable growth by ensuring adequate water infrastructure for new developments.
Impact on Critical
Facilities/Lifelines:
Strengthens water supply reliability for hospitals, emergency shelters, and essential services.
Impact on Capabilities: Improves the City’s capacity to manage and maintain a modern, hazardresilient water system.
Climate Change Considerations: Enhances resilience to drought and extreme weather events by diversifying and securing water sources.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-46
Action 2026-Cotati-06. Emergency Power Interconnects
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Earthquake, Extreme Wind, Flood, Wildfire Description of the Problem: The City of Cotati has identified a vulnerability in its water infrastructure due to the loss of power at well sites during hazard events such as earthquakes, extreme wind, flooding, and wildfire. Power outages can disrupt water supply operations, jeopardizing public health and safety, especially during emergencies when water access is most critical.
Description of the Solution: The City proposes to fund and install emergency power interconnects at all well sites, including generator hookups. This will ensure that well operations can continue during power outages, enhancing the City’s resilience and ability to maintain essential services.
Estimated Cost: Low
Potential Funding Sources: Water Enterprise, FEMA HMGP
Implementation Timeline: Within 5 years
Objectives Met: 3,4,6
Benefits: Builds power resilience and ensures wells continue to work during a power outage.
Impact on Socially Vulnerable
Populations:
Provides clean and fresh drinking water during a power outage.
Impact on Future Development: Supports sustainable and resilient infrastructure for future growth.
Impact on Critical
Facilities/Lifelines:
Maintains water service to hospitals, emergency shelters, and fire services.
Impact on Capabilities: Increases the City’s operational readiness and ability to respond to multihazard events.
Climate Change Considerations: Addresses increased risk of climate-driven power outages due to wildfire, heatwaves, and storms.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-47
Action 2026-Cotati-07. Backup Power
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Earthquake, Extreme Wind, Flood, Wildfire Description of the Problem: The City of Cotati has identified a critical vulnerability in its sewer lift station infrastructure due to the risk of power loss during hazard events such as earthquakes, extreme wind, flooding, and wildfire. Without backup power, these stations may fail, leading to sewage overflows, environmental contamination, and public health risks.
Description of the Solution: The City proposes to fund and install emergency backup power systems at the Redwood Drive and Myrtle Road sewer lift stations. This includes generator hookups or permanent backup generators to ensure continued operation during power outages.
Estimated Cost: Medium
Potential Funding Sources: Water Enterprise, FEMA HMGP
Implementation Timeline: Within 5 years
Objectives Met: 3,4,6
Benefits: Builds power resilience and ensures sewer lift stations continue to work during a power outage.
Impact on Socially Vulnerable
Populations:
Enhances public protection
Impact on Future Development: Supports resilient infrastructure planning for new developments.
Impact on Critical
Facilities/Lifelines:
Protects wastewater service to hospitals, emergency shelters, and other essential facilities.
Impact on Capabilities: Increases the City’s emergency response capacity and operational resilience.
Climate Change Considerations: Addresses increased risk of climate-related power outages due to wildfire, storms, and extreme weather.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority High
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-48
Action 2026-Cotati-08. Critical Facilities – Backup Power Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Earthquake, Extreme Wind, Flood, Wildfire Description of the Problem: The City of Cotati has identified a significant vulnerability in its critical facilities, such as emergency operations centers, fire stations, and public safety buildings, due to the risk of power loss during hazard events including earthquakes, extreme wind, flooding, and wildfire. Without reliable backup power, these facilities may be unable to operate during emergencies, compromising public safety and emergency response capabilities.
Description of the Solution: The City proposes to fund and install stationary emergency backup power systems at key critical facilities. These systems will ensure that essential services remain operational during power outages, enhancing the City’s resilience and ability to protect the community during disasters. The critical facilities are listed below:
• Cotati City Hall - 201 West Sierra Ave
• Cotati Police Dept - 203 West Sierra Ave
• Sewer Lift Station - Benson Lane, west of Laguna
• Sewer Lift Station - Eagle Dr between Lark Dr and Flamingo • Sewer Lift Station - Myrtle Ave between Keppel and Hahn • Sewer Lift Station - Redwood Dr, south of Copeland Creek • Water Well - 90 East Sierra Ave
• Water Well - 8562 Lakewood Ave
• Water Well - Northwest corner of Cotai near Houser St.
Estimated Cost: High
Potential Funding Sources: FEMA HMGP
Implementation Timeline: Within 5 years
Objectives Met: 3,4,6
Benefits: Ensures reliability, safety, and continuity of emergency operations Impact on Socially Vulnerable
Populations:
Provides consistent access to emergency services, especially for those with limited mobility or resources.
Impact on Future Development: Supports resilient infrastructure planning and ensures future developments are supported by reliable emergency services.
Impact on Critical
Facilities/Lifelines:
Protects the operational capacity of lifeline services, including emergency response, communications, and public health.
Impact on Capabilities: Strengthens the City’s emergency management capabilities and continuity of operations.
Climate Change Considerations: Addresses increased risk of climate-related power outages due to wildfires, storms, and extreme heat events.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-49
Action 2026-Cotati-09. Hazard Mitigation Support
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Drought, Earthquake, Extreme Cold, Extreme Heat, Extreme Wind, Flood, Landslide, Wildfire
Description of the Problem: The City of Cotati recognizes the importance of regional coordination in addressing a wide range of hazards, including drought, earthquake, extreme temperatures, wind, flood, landslide, and wildfire. These hazards do not respect jurisdictional boundaries, and effective mitigation requires a unified, countywide approach.
Description of the Solution: To support this action, the City will actively participate in and contribute to ongoing hazard mitigation efforts led by Sonoma County. This includes attending planning meetings, sharing data, aligning local policies with regional strategies, and supporting implementation of multi-jurisdictional mitigation actions.
Estimated Cost: Low
Potential Funding Sources: Staff time
Implementation Timeline: On going
Objectives Met: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12
Benefits: Strengthens regional hazard mitigation capacity.
Impact on Socially Vulnerable
Populations:
Improves equitable access to hazard mitigation resources and protections.
Impact on Future Development: Encourages coordinated land use planning that reduces exposure to hazards.
Impact on Critical
Facilities/Lifelines:
Supports regional infrastructure resilience, benefiting shared lifelines and services.
Impact on Capabilities: Builds institutional knowledge and interagency coordination, improving response and recovery capabilities.
Climate Change Considerations: Enhances the community’s ability to adapt to evolving climate risks through shared strategies, data, and resources.
Mitigation Category Local Plans and Regulations
CRS Category Preventative Measures, Emergency Services
Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-50
Action 2026-Cotati-10. Evacuation Coordination
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Earthquake, Flood, Landslide, Wildfire Description of the Problem: The City of Cotati faces a significant risk of infrastructure failure or damage due to hazards such as earthquakes, flooding, landslides, and wildfires.
These events can severely disrupt transportation routes, utilities, and communication systems, making timely and organized evacuation difficult.
Without a coordinated evacuation strategy, residents, especially those in vulnerable areas, may face confusion, delays, and increased risk of injury or harm during emergencies.
Description of the Solution: The City proposes to fund and implement a comprehensive evacuation coordination plan. This plan would include route planning, interagency coordination, communication protocols, and public outreach to ensure residents are informed and prepared to evacuate safely and efficiently during a disaster.
Estimated Cost: Medium
Potential Funding Sources: FEMA HMGP, general fund
Implementation Timeline: 5+ years
Objectives Met: 3,4,5,6
Benefits: Effective communication reducing panic and injuries, reduced chaos and confusion, better decision making in an emergency
Impact on Socially Vulnerable
Populations:
Enhances public protection by ensuring equitable access to evacuation resources and information.
Impact on Future Development: Encourages resilient land use planning by identifying and addressing evacuation challenges in new developments.
Impact on Critical
Facilities/Lifelines:
Ensures continued access to and from critical facilities, such as hospitals and emergency shelters, during disasters.
Impact on Capabilities: Strengthens the City’s emergency response infrastructure and interagency coordination.
Climate Change Considerations: Supports preparedness for climate exacerbated hazards, such as more frequent wildfires, intense storms, and flooding, which may increase the need for rapid evacuations.
Mitigation Category Local Plans and Regulations
CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
663377 of 669933
Sonoma County Hazard Mitigation Plan
City of Cotati 4-51
Action 2026-Cotati-11. Emergency Water and Supply System Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Drought, Earthquake, Flood, Landslide, Wildfire Description of the Problem: The City of Cotati faces increasing risk of water supply shortages due to hazards such as drought, earthquake, flooding, landslides, and wildfire.
These events can disrupt water sourcing and distribution, threatening the availability of safe and reliable drinking water for residents, businesses, and critical facilities.
Description of the Solution: The City proposes to fund and implement emergency water storage and supply projects. These may include the construction of new water storage tanks, reservoirs, or interconnects that enhance the City’s ability to maintain water availability during and after hazard events.
Estimated Cost: High
Potential Funding Sources: FEMA HMGP, Water Enterprise
Implementation Timeline: 5+ years
Objectives Met: 2,3,4,5,6,12
Benefits: Mitigating impact of drought and minimizing the risk of water shortages.
Impact on Socially Vulnerable
Populations:
Ensures equitable access to safe drinking water during emergencies.
Impact on Future Development: Supports sustainable growth by ensuring adequate water infrastructure for new developments.
Impact on Critical
Facilities/Lifelines:
Maintains water supply for hospitals, emergency shelters, and fire suppression systems.
Impact on Capabilities: Strengthens the City’s operational readiness and emergency response capacity.
Climate Change Considerations: Addresses increased risk of drought and extreme weather by improving long-term water storage and supply reliability.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
663388 of 669933
Sonoma County Hazard Mitigation Plan
City of Cotati 4-52
Action 2026-Cotati-12. Water Main Fire Flow
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Drought, Earthquake, Extreme Wind, Flood, Landslide, Wildfire Description of the Problem: The City of Cotati is experiencing low water pressure and flow, particularly during emergencies such as drought, earthquakes, flooding, landslides, and wildfires. This deficiency poses a serious risk to public safety, as it limits the City’s ability to provide adequate water for firefighting and emergency response, especially in high-risk areas.
Description of the Solution: The City proposes to fund and implement water main fire flow projects.
These projects will upgrade and expand water mains to ensure consistent and reliable water pressure and flow, particularly for fire suppression and emergency services.
Estimated Cost: High
Potential Funding Sources: FEMA HMGP, Water Enterprise
Implementation Timeline: 5+ years
Objectives Met: 2,3,4,6,7,9
Benefits: Ensures reliable water pressure and flow during emergencies, safeguards lives and property.
Impact on Socially Vulnerable
Populations:
Provides equitable protection by ensuring all neighborhoods have access to adequate fire flow.
Impact on Future Development: Supports safe and sustainable growth by meeting fire flow requirements for new developments.
Impact on Critical
Facilities/Lifelines:
Maintains water supply for hospitals, emergency shelters, and fire stations.
Impact on Capabilities: Strengthens the City’s emergency response infrastructure.
Climate Change Considerations: Addresses increased fire risk and water system strain due to climatedriven drought and extreme weather.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-53
Action 2026-Cotati-13. Emergency Power - Traffic Safety Signal Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Earthquake, Extreme Cold, Extreme Heat, Extreme Wind, Flood, Landslide, Wildfire
Description of the Problem: During hazard events such as earthquakes, wildfires, or extreme weather, power outages can disrupt traffic signal operations, leading to unsafe intersections and impaired emergency response. This poses a significant risk to public safety and mobility, especially for vulnerable populations and during evacuations.
Description of the Solution: Purchase and install a backup power source for the Traffic Signal Solar Red Flasher system to ensure continued traffic control during power outages. This will support safe and efficient community movement during emergencies.
Estimated Cost: Medium
Potential Funding Sources: FEMA HMGP, PDM, General Fund Implementation Timeline: 5+ years
Objectives Met: 3,4,5,6,10
Benefits: Safe traffic conditions, better overall visibility Impact on Socially Vulnerable
Populations:
Improves safety and mobility for individuals with limited transportation options or mobility challenges during emergencies.
Impact on Future Development: Supports resilient infrastructure planning and ensures traffic safety systems are robust against future hazard events.
Impact on Critical
Facilities/Lifelines:
Improves access to and from critical facilities such as hospitals, fire stations, and emergency shelters during power outages.
Impact on Capabilities: Strengthens the city’s emergency response and traffic management capabilities during multi-hazard events.
Climate Change Considerations: Addresses increased frequency and severity of extreme weather events and wildfires due to climate change, which can lead to more frequent power outages.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-54
Action 2026-Cotati-14. Storm Drain Flood Improvement
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Flood
Description of the Problem: The City of Cotati experiences recurring flooding in the Laguna de Santa Rosa and East Cotati Avenue areas, leading to water loss, infrastructure damage, and disruption of transportation and emergency services. The existing storm drain system is insufficient to manage high-intensity rainfall events, which are becoming more frequent due to climate change.
Description of the Solution: Implement a comprehensive storm drain improvement project to enhance floodwater conveyance and storage capacity in the Laguna de Santa Rosa and East Cotati Avenue corridor. This will reduce flood risk, improve water retention for reuse, and minimize soil erosion.
Estimated Cost: High
Potential Funding Sources: FEMA FMA, HMGP
Implementation Timeline: 5+ years
Objectives Met: 1,3,4,5,6,7,8,9,10,11,12
Benefits: Reduced flooding, water collection for other uses, less soil erosion Impact on Socially Vulnerable
Populations:
Improves safety and resilience for low-income and underserved communities that are disproportionately affected by flooding.
Impact on Future Development: Supports sustainable growth by reducing flood risk in key development areas and ensuring infrastructure resilience.
Impact on Critical
Facilities/Lifelines:
Protects access to emergency routes, utilities, and public services by minimizing flood-related disruptions.
Impact on Capabilities: Enhances the City’s stormwater management and emergency response capabilities, while supporting long-term climate adaptation goals.
Climate Change Considerations: Addresses increased flood risk due to more intense and frequent storm events linked to climate change. Promotes adaptive infrastructure that can handle future hydrologic variability.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Natural Resource Protection, Structural Flood Control Projects, Emergency Services
Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-55
Action 2026-Cotati-15. NFIP Program
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Flood
Description of the Problem: Flooding poses a recurring threat to the City of Cotati, endangering property, infrastructure, and public safety. Without access to affordable flood insurance and mitigation incentives, residents and businesses face increased financial vulnerability. Continued participation in the NFIP ensures community eligibility for flood insurance and supports floodplain management efforts.
Description of the Solution: Maintain active participation in the NFIP by enforcing floodplain management regulations, updating flood maps, and ensuring compliance with FEMA standards. This includes staff time for program administration, community outreach, and coordination with FEMA and State agencies.
Estimated Cost: Low
Potential Funding Sources: Staff Time
Implementation Timeline: Ongoing
Objectives Met: Flood insurance, reduce future flood damage, reduce financial risk Benefits: 1,3,4,5,6,7,8,9,10,11,12
Impact on Socially Vulnerable
Populations:
Provides affordable insurance options and financial protection for lowincome households and renters in flood-prone areas.
Impact on Future Development: Guides responsible development in floodplains, reducing long-term risk and ensuring compliance with floodplain regulations.
Impact on Critical
Facilities/Lifelines:
Helps protect critical infrastructure by enforcing development standards in flood-prone areas.
Impact on Capabilities: Strengthens the City’s floodplain management, planning, and emergency preparedness capabilities.
Climate Change Considerations: Supports long-term resilience to increased flood risk due to more intense and frequent storm events driven by climate change.
Mitigation Category Local Plans and Regulations, Education and Awareness Programs CRS Category Preventative Measures, Property Protection, Public Information Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-56
Action 2026-Cotati-16. General Plan Safety Element
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Drought, Earthquake, Extreme Cold, Extreme Heat, Extreme Wind, Flood, Landslide, Wildfire
Description of the Problem: Inconsistent or uncoordinated planning between the General Plan’s Safety Element and the HMP can lead to gaps in hazard mitigation, regulatory conflicts, and missed opportunities for funding and resilience-building.
Ensuring alignment between these plans is essential for legal compliance, operational efficiency, and effective risk reduction.
Description of the Solution: Ensure ongoing compliance, adoption, and coordination between the General Plan’s Safety Element and the HMP through regular updates, interdepartmental collaboration, and integration of hazard mitigation strategies into land use and development policies.
Estimated Cost: Low
Potential Funding Sources: Staff Time
Implementation Timeline: Ongoing
Objectives Met: 1,3,4,5,6,7,8,9,10,11,12
Benefits: Legal and financial risk mitigation, operational efficiency Impact on Socially Vulnerable
Populations:
Improves equitable access to hazard mitigation benefits and ensures that vulnerable populations are considered in both planning documents.
Impact on Future Development: Guides responsible development by embedding hazard mitigation into land use planning and zoning decisions.
Impact on Critical
Facilities/Lifelines:
Ensures that critical infrastructure is considered and protected through coordinated planning and hazard assessments.
Impact on Capabilities: Builds institutional capacity for integrated planning, risk assessment, and long-term resilience.
Climate Change Considerations: Supports climate adaptation by aligning long-range planning documents with evolving hazard profiles and resilience goals.
Mitigation Category Local Plans and Regulations, Education and Awareness Programs CRS Category Preventative Measures, Property Protection, Public Information Priority Medium
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Sonoma County Hazard Mitigation Plan
City of Cotati 4-57
Action 2026-Cotati-17. Water Storage and Supply
Lead Agency: City of Cotati Public Works/Engineering
Supporting Agencies: Community Development
Hazard(s) of Concern: Drought, Earthquake, Flood, Landslide, Wildfire Description of the Problem: The City of Cotati faces increasing risks of water supply shortages due to prolonged droughts, earthquakes, and wildfire-related infrastructure damage. These hazards threaten the City’s ability to provide reliable water for residents, businesses, and emergency services.
Description of the Solution: Fund and implement emergency water storage and supply projects, such as additional water tanks, reservoirs, or intertie systems, to ensure water availability during hazard events and prolonged drought conditions.
Estimated Cost: High
Potential Funding Sources: HMGP Grant funding, Water Enterprise Implementation Timeline: 5+ years
Objectives Met: 2,3,4,5,6,12
Benefits: Mitigating impact of drought and minimizing the risk of water shortages Impact on Socially Vulnerable
Populations:
Ensures equitable access to water during emergencies, particularly for low-income and medically vulnerable populations.
Impact on Future Development: Supports sustainable growth by ensuring water infrastructure can meet future demand and withstand hazard impacts.
Impact on Critical
Facilities/Lifelines:
Ensures continued water supply to hospitals, fire stations, and emergency shelters during disasters.
Impact on Capabilities: Improves the city’s ability to respond to and recover from water-related emergencies and infrastructure failures.
Climate Change Considerations: Addresses increased frequency and severity of droughts and wildfires due to climate change. Enhances adaptive capacity through resilient water infrastructure.
Mitigation Category Structure and Infrastructure Project CRS Category Preventative Measures, Property Protection, Emergency Services Priority Medium
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APPENDIX A. PARTICIPATING JURISDICTION LETTERS OF INTENT 664455 of 669933
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APPENDIX B. ACTION WORKSHEET TEMPLATE AND INSTRUCTIONS
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Sonoma County | Hazard Mitigation Plan 2026 Update
New Action Development Worksheet
1 Genesee County Hazard Mitigation Plan
Complete this worksheet to update your mitigation strategy.
Return this worksheet to Tetra Tech Planner, Stacy Umbel, [email protected] by Friday, April 4, 2025. If your municipality needs more time, please provide the date you will return the worksheet to Tetra Tech.
Municipality:
Name/Title of Individual Completing Worksheet:
What are the hazards we need to address?
FEMA requires each participating jurisdiction include at least one mitigation action for each of the hazards of concern. For the Sonoma County 2026 Hazard Mitigation Plan update, the hazards of concern are as follows:
Hazards of Concern
Dam Failure Extreme Heat Sea Level Rise
Drought Extreme Wind Tsunami
Earthquake Flood Wildfire
Extreme Cold Landslide
As you identify problems, consider a variety of action types that could be used to mitigate the problem including structural, plans and regulations, education and outreach, and natural systems protections. All actions will need to include detailed problems and solutions in order to meet FEMA’s expectations.
Examples
Problem Solution Hazard(s) Addressed
The Public Works facility, located at 123
Main Street, is identified as a critical facility
and lifeline for the jurisdiction. The facility
does not have a back-up generator to
maintain continuity of operations during an
emergency event.
The Public Works Superintendent will
work alongside the jurisdictional engineer
to identify the necessary capacity for an
emergency generator for the Public
Works facility. Once identified, Public
Works will have the emergency generator
installed at its facility at 123 Main Street.
Public Works will be responsible for
maintaining the emergency generator.
Severe Storm, Severe Winter
Storm, Utility Interruption
Officials in NFIP-participating communities
are responsible for regulating all
development in SFHAs by issuing permits
and enforcing local floodplain requirements,
including Substantial Damage, for the
repairs of damaged buildings. The
municipality does not have a Substantial
Damage Management Plan in place, nor do
they have a formal process in place when
conducting substantial damage
determinations.
The municipality will develop a
Substantial Damage Management Plan,
following the six-step planning process in
2021 Developing a Substantial Damage
Management Plan. This plan will outline
responsibilities for Substantial Damage
determinations, determining market
value, and permit approval processes
following a disaster event.
Flood, Severe Storm
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Sonoma County | Hazard Mitigation Plan 2026 Update
New Action Development Worksheet
2 Genesee County Hazard Mitigation Plan
TYPES OF MITIGATION ACTIONS
A mitigation action is a specific action, project, activity, or process taken to reduce or eliminate long-term risk to people and property from hazards and their impacts. Implementing mitigation actions helps achieve the plan’s mission and goals. The actions to reduce vulnerability to threats and hazards form the core of the plan and are a key outcome of the planning process. The primary types of mitigation actions to reduce long-term vulnerability are:
Mitigation Type Description Examples
Local Plans and
Regulations
These actions include government authorities,
policies, or codes that influence the way land and
buildings are developed and built.
▪ Comprehensive plans
▪ Land use ordinances
▪ Subdivision regulations
▪ Development review
▪ Building codes and enforcement
▪ NFIP Community Rating System
▪ Capital improvement programs
▪ Open space preservation
▪ Stormwater management regulations
and master plans
Structure and
Infrastructure Projects
These actions involve modifying existing
structures and infrastructure to protect them from
a hazard or remove them from a hazard area.
This could apply to public or private structures as
well as critical facilities and infrastructure.
This type of action also involves projects to
construct manmade structures to reduce the
impact of hazards.
Many of these types of actions are projects
eligible for funding through the FEMA Hazard
Mitigation Assistance program.
▪ Acquisitions and elevations of
structures in flood prone areas
▪ Utility undergrounding
▪ Structural retrofits
▪ Floodwalls and retaining walls
▪ Detention and retention structures
▪ Culverts
▪ Safe rooms
Natural Systems
Protection
These are actions that minimize damage and
losses and also preserve or restore the functions
of natural systems.
▪ Sediment and erosion control
▪ Stream corridor restoration
▪ Forest management
▪ Conservation easements
▪ Wetland restoration and preservation
Education and
Awareness Programs
These are actions to inform and educate citizens,
elected officials, and property owners about
hazards and potential ways to mitigate them.
These actions may also include participation in
national programs, such as StormReady or
Firewise Communities. Although this type of
mitigation reduces risk less directly than
structural projects or regulation, it is an important
foundation. A greater understanding and
awareness of hazards and risk among local
officials, stakeholders, and the public is more
likely to lead to direct actions.
▪ Radio or television spots
▪ Websites with maps and information
▪ Real estate disclosure
▪ Presentations to school groups or
neighborhood organizations
▪ Mailings to residents in hazard-prone
areas
▪ StormReady
▪ Firewise Communities
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Sonoma County | Hazard Mitigation Plan 2026 Update
New Action Development Worksheet
3 Genesee County Hazard Mitigation Plan
MITIGATION ACTION WORKSHEET
Lead Agency:
Supporting Agencies:
Hazards of Concern: ☐Dam Failure
☐Drought
☐Earthquake
☐Extreme Cold
☐Extreme Heat
☐Extreme Wind
☐Flood
☐Landslide
☐Sea Leve Rise
☐Tsunami
☐Wildfire
Description of the Problem:
Description of the Solution:
Estimated Cost:
Potential Funding Sources:
Implementation Timeline:
Objectives Met:
Benefits:
Impact on Socially Vulnerable
Populations:
Impact on Future Development:
Impact on Critical
Facilities/Lifelines:
Impact on Capabilities:
Climate Change Considerations:
Mitigation Category ☐Local Plans and Regulations (LPR)
☐Structure and Infrastructure Project
(SIP)
☐Natural Systems Protection (NSP)
☐Education and Awareness Programs
(EAP)
CRS Category ☐Preventative Measures (PR)
☐Property Protection (PP)
☐Public Information (PI)
☐Natural Resource Protection (NR)
☐Structural Flood Control Projects (SP)
☐Emergency Services (ES)
Priority
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APPENDIX C. REPETITIVE LOSS DEFINITIONS
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The following definitions of repetitive loss properties are use in the analysis of NFIP compliance for the County and municipal annexes included in this hazard mitigation plan:
• NFIP Definition of Repetitive Loss: The NFIP defines a repetitive loss property as any insurable building for which two or more claims of more than $1,000 were paid by the NFIP within any rolling 10-year period since 1978.
• FMA Definition of Repetitive Loss: FEMA’s Flood Mitigation Assistance (FMA) program defines a repetitive loss property as any insurable building that has incurred flood-related damage on two occasions, in which the cost of the repair, on average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event. • NFIP Definition of Severe Repetitive Loss: A residential property covered under an NFIP flood insurance policy and: (a) That has at least four NFIP claim payments over $5,000 each, and the cumulative amount of such claims payments exceeds $20,000; or (b) For which at least two separate claims payments have been made with the cumulative amount of the building portion of such claims exceeding the market value of the building. In both instances, at least two of the claims must be within 10 years of each other, and claims made within 10 days of each other will be counted as one claim.
• FMA Definition of Severe Repetitive Loss: An NFIP-Insured structure that has incurred floodrelated damage for which four or more separate claims payments have been made, with the amount of each claim (including building and contents payments) exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or for which at least two separate claims payments (building payments only) have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the building. 665522 of 669933
APPENDIX D. MITIGATION ACTION CATEGORIES
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Sonoma County Hazard Mitigation Plan
Mitigation Action Categories D-1
Tables in each of the jurisdictional annexes for this hazard mitigation plan indicate the range of action categories addressed by each jurisdiction’s set of proposed mitigation actions. Four FEMA mitigation action categories and six CRS mitigation action categories are listed in the tables to demonstrate the wide range of activities and mitigation measures selected. These categories are described as follows:
• FEMA Mitigation Action Categories
• Local Plans and Regulations (LPR)—These actions include government authorities, policies or codes that influence the way land and buildings are being developed and built. • Structure and Infrastructure Project (SIP)—These actions involve modifying existing structures and infrastructure to protect them from a hazard or remove them from a hazard area. This could apply to public or private structures as well as critical facilities and infrastructure. This type of action also involves projects to construct structures to reduce the impact of hazards.
• Natural Systems Protection (NSP)—These are actions that minimize damage and losses and preserve or restore the functions of natural systems. • Education and Awareness Programs (EAP)—These are actions to inform and educate residents and visitors, elected officials, and property owners about hazards and potential ways to mitigate them. These actions may also include participation in national programs, such as StormReady and Firewise Communities
• CRS Mitigation Action Categories
• Preventative Measures (PR)—Government, administrative or regulatory actions, or processes that influence the way land and buildings are developed and built. Examples include planning and zoning, floodplain local laws, capital improvement programs, open space preservation, and storm water management regulations. • Property Protection (PP)—These actions include public activities to reduce hazard losses or actions that involve (1) modification of existing buildings or structures to protect them from a hazard or (2) removal of the structures from the hazard area. Examples include acquisition, elevation, relocation, structural retrofits, storm shutters, and shatter-resistant glass. • Public Information (PI)—Actions to inform and educate residents and visitors, elected officials, and property owners about hazards and potential ways to mitigate them. Such actions include outreach projects, real estate disclosure, hazard information centers, and educational programs for school-age children and adults. • Natural Resource Protection (NR)—Actions that minimize hazard loss and preserve or restore the functions of natural systems. These actions include sediment and erosion control, stream corridor restoration, watershed management, forest and vegetation management, and wetland restoration and preservation.
• Structural Flood Control Projects (SP)—Actions that involve the construction of structures to reduce the impact of a hazard. Such structures include dams, setback levees, floodwalls, retaining walls, and safe rooms.
• Emergency Services (ES)—Actions that protect people and property during and immediately following a disaster or hazard event. Services include warning systems, emergency response services, and the protection of essential facilities 665544 of 669933
Sonoma County – 2026 Hazard Mitigation Plan
What is a Hazard Mitigation Plan?
A framework to lessen the impacts of natural disasters by assessing risk, determining capabilities, and designing a strategy to increase resilience.
• HMPs focus resources on the greatest risks and vulnerabilities • Required to apply for FEMA Hazard Mitigation Assistance grant programs
• Approved by the Governor’s Office of Emergency Services and FEMA Mitigation is a sustained action taken to
reduce or eliminate risk to life and property
from a hazard event
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Sonoma County – 2026 Hazard Mitigation Plan
Hazard Mitigation Plan Goals
• Goal 1—Protect people and minimize loss of life and injury. • Goal 2—Minimize potential for loss of property, economic and social impacts, and displacement due to hazards.
• Goal 3—Minimize potential for environmental impacts and consider a broad-range of mitigation strategies, including nature-based solutions where feasible. • Goal 4—Communicate and improve public understanding of natural hazard risk to the whole community within Sonoma County.
• Goal 5—Support the advancement of effective mitigation policies, programs, and projects that are adaptive, proactive, cost-effective, and environmentally sustainable to build a resilient Sonoma County.
• Goal 6—Enhance the capability/capacity of the Sonoma County planning area to prepare, respond, and recover from the impact of natural hazards.
Goals align with State Hazard Mitigation Plan 665566 of 669933 Sonoma County – 2026 Hazard Mitigation Plan
Public Outreach and Engagement
• Robust public outreach
§ Social media posts
§ Newsletters
§ Printable materials
§ HMP webpage
• 577 Public Survey
responses
• 6 Public Information
Meetings across the
The 22 participating jurisdictions each County
conducted public outreach activities 665577 of 669933
Sonoma County – 2026 Hazard Mitigation Plan
Stakeholder Outreach and Engagement
• 400+ Stakeholder Organizations invited to
participate:
§ State, Federal, Local, and Regional Agencies
§ Neighboring Communities
§ Small Business, Economic Development, and Major
Employers
§ Critical Infrastructure Operators
§ Nonprofit and Community-Based Organizations
• Neighboring Community Survey
• 4 Virtual Hazard Mitigation Working Group
meetings Open to the public 665588 of 669933
Sonoma County – 2026 Hazard Mitigation Plan
Data-Driven Hazard Ranking
Hazard
Ranking
Population,
Buildings,
Property Value at
Risk
(30%)
Probability of
Occurrence
(30%)
Existing
Mitigation
Capabilities
(30%)
Climate Change
Impact
(10%)
High
• Earthquake
• Wildfire
Medium
• Drought
• Extreme Cold
• Extreme Heat
• Extreme Wind
• Flood
Low
• Dam Failure
• Landslide
• Sea Level Rise
• Tsunami
ArcGIS spatial data, HAZUS impact software, and historic hazard events were used to determine population, buildings, and property value at risk 665599 of 669933
Sonoma County – 2026 Hazard Mitigation Plan
Implementing the Plan
Apply for
Grants
Implement
Projects
Increase
Resilience
Update
LHMP
• Annual project
status updates
• FEMA requires 5-
year full update
• Capture best
practices and
lessons learned
• Prioritize life safety
and property
protection
• FEMA Hazard
Mitigation Grant
Program
• CAL FIRE Wildfire
Prevention Grants
• 410 mitigation
projects identified in
HMP
• Jurisdictions will seek
to implement high
priority projects first
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: COST-SHARING AND PROJECT ADMINISTRATION
AGREEMENT FOR THE HELMAN LANE–BLODGETT
STREET WATER LINE EXTENSION
Date: October 13, 2026
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council adopt a resolution authorizing the City Manager to execute a cost sharing agreement with the Marin-Sonoma Mosquito and Vector Control District to construct the Helman-Blodgett water main extension, subject to final acceptance by the City Attorney.
Background
The City’s Water Distribution Master Plan (Master Plan) identifies capital improvements needed to meet the needs of existing customers and those needed to meet the projected buildout of the water system to implement the growth provided for in the City’s General Plan. These improvements mainly consist of pipelines, tanks, wells, and pump stations and are phased to address the most pressing needs of the system and anticipated timing of future growth.
Analysis/Discussion
Water systems are to meet performance criteria for water pressure and water quality under a variety of demand conditions. Therefore, capital improvements, including pipelines, are constructed with or in anticipation of new development. With the development of the PODs development in 2022, the Blodgett Cul-De-Sac was constructed and the water main extended and stubbed out for future extension across the property to the south (owned by the Marin/Sonoma Mosquito & Vector Control District [District]) for connection to the pipeline in Helman Lane.
The City’s Master Plan identifies this connecting pipeline improvement as “P-10.” which connects the 10-inch diameter pipeline in Blodgett Street to the 12-inch diameter pipeline in Helman Avenue. The proposed pipeline is a “Category 4” improvement, as defined in the Master Plan to provide main looping in future development areas. P-10 is identified to be constructed in 666611 of 669933
the 2022 to 2026 period. Therefore, when the District approached the City sometime in 2024 with plans to redevelop their property, the City included the pipeline into those early discussions.
The subsequent plans that emerged showed an alignment for the pipeline, nearer the eastern boundary and beneath the proposed parking lot, that appears to be most practical to both parties; mainly because it lines up with the pipeline in Blodgett and the pipeline is below the future parking lot and along one side of the parcel.
In recent months, the District’s efforts have advanced and have submitted a Development application with the City and seek a Cost sharing agreement with the City to cover costs associated with the environmental, design, and construction of the pipeline. The District and City staff and legal representation have negotiated the attached agreement and recommend it for approval substantially in the form presented subject to final review and approval by City legal counsel. The main provisions of the Cost Sharing Agreement are as follows:
1. District incorporates environmental, design and construction of pipeline into their design/build contract
2. Not to exceed total cost for pipeline is $585,450.93
3. City involved in review of change orders
4. Pipeline to be in maintenance easement. The District can relocate the pipeline at its own expense.
5. Water line under parking lot is not responsible for wetland or CTS habitat mitigation of the parking lot disturbed area.
6. Progress Billing: City to be billed monthly. Anticipates Soft costs FY26/27 and construction kick-off in FY27/28.
7. Construction Method. Wetland and CTS habitat is to be avoided by trenchless methods from the Cul-De-Sac to the proposed District parking lot. Along the parking lot, the proposed method is traditional open cut trenching.
The District was to act on the agreement in substantially the form as attached at their meeting on October 12, 2026. Following Council action tonight, staff and the City Attorney’s office will make any non-substantive corrections and legal edits and move to execute the agreement.
Financial Considerations
This P-10 pipeline is identified in the master plan as a future benefit pipeline to the City and as such using this cost sharing agreement allows the City to build out the infrastructure at a reduced total cost. The full cost of the agreement as outlined totals $585,450.93. Currently only the design and environmental preconstruction “soft costs” are being considered for completion within the current fiscal year with construction to follow in fiscal year 27/28. As such, City staff are requesting a budget amendment and appropriation for this initial environmental and design at an amount not to exceed $112,245 from the water capital fund. The remainder of the funds will be considered during the Biannual FY27/28-FY28/29 Budget process.
Environmental Issues
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The Hellman Lane-Blodgett Street Pipeline Extension (P-10 Pipeline) is subject to environmental review under CEQA. The Subject Cost Sharing Agreement provides for CEQA review including preparation of an Initial Study and related documents through the District Consultants for the City’s independent review and adoption and the City will act as a responsible agency in approving the District Project. Based on the trenchless method, impacts attributable to the water line on wetlands and CTS habitat are anticipated to be limited to be no more than 0.1 acre for purposes of the Cost-Sharing Agreement.
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RESOLUTION NO. (XX)
APPROVING A COST-SHARING AND PROJECT ADMINISTRATION
AGREEMENT FOR THE HELMAN LANE-BLODGETT STREET WATER LINE
EXTENSION
WHEREAS, the City’s Water Distribution Master Plan (Master Plan) identifies capital improvements needed to meet the needs of existing customers and those needed to meet the projected buildout of the water system to implement the growth provided for in the City’s General Plan, and these improvements mainly consist of pipelines, tanks, wells and pump stations and are phased to address the most pressing needs of the system and anticipated timing of future growth; and
WHEREAS, water systems are to meet performance criteria for water pressure and water quality under a variety of demand conditions, therefore, capital improvements, including pipelines, are constructed with or in anticipation of new development; and WHEREAS, with the development of the PODs development in 2022, the Blodgett CulDe-Sac was constructed and the water main extended and stubbed out for future extension across the property to the south (owned by the Marin/Sonoma Mosquito & Vector Control District [District]) for connection to the pipeline in Helman Lane; and WHEREAS, the City’s Master Plan identifies this connecting pipeline improvement as “P-10.” which connects the 10-inch diameter pipeline in Blodgett Street to the 12-inch diameter pipeline in Helman Avenue, and the proposed pipeline is a “Category 4” improvement, as defined in the Master Plan to provide main looping in future development areas; and WHEREAS, when the District approached the City sometime in 2024, with plans to redevelop their property, the City included the pipeline into those early discussions, and the subsequent plans that emerged showed an alignment for the pipeline, nearer the eastern boundary and beneath the proposed parking lot, that appears to be most practical to both parties; mainly because it lines up with the pipeline in Blodgett and the pipeline is below the future parking lot and along one side of the parcel; and
WHEREAS, the District’s efforts have advanced and the District has submitted a Development application for the subject property and seek a Cost sharing agreement with the City to cover costs associated with the environmental, design, and construction of the pipeline; and
WHEREAS, the District and City staff have negotiated the attached agreement and recommend it for approval substantially in the form presented subject to final review and approval by the City Attorney; and
WHEREAS, the total agreement cost is $585,450.93, with an initial appropriation not to exceed $112,245 from the Water Capital Fund for design and environmental work in the current fiscal year, and the remaining construction costs to be considered during the FY 2027/28– 2028/29 Biennial Budget process; and
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WHEREAS, the Hellman Lane-Blodgett Street Pipeline Extension (P-10 Pipeline) is subject to environmental review under CEQA. The Subject Cost Sharing Agreement provides for CEQA review including preparation of an Initial Study and related documents through the District Consultants for the City’s independent review and adoption and the City will act as a responsible agency in approving the District Project. Based on the trenchless method, impacts attributable to the water line on wetlands and CTS habitat are anticipated to be limited to be no more than 0.1 acre for purposes of the Cost-Sharing Agreement.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Cotati determines
1. The above recitals are true and correct and incorporated herein by reference.
2. The City Manager is hereby authorized to execute the Cost-Sharing and Project Administration Agreement for the Helman Lane-Blodgett Street Water Line Extension, attached, subject to final non-substantive revisions and also final review and approval by the City Attorney.
3. Approve the attached budget amendment and appropriation for fiscal year 26/27 for an amount not to exceed $112,245 from the Water Capital Fund.
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 October 13, 2026, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, City Clerk
Approved as to form:______________________________
City Attorney
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Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 1 of 18
COST-SHARING AND PROJECT ADMINISTRATION
AGREEMENT
For the Helman Lane–Blodgett Street Water Line Extension
BY AND BETWEEN
MARIN/SONOMA MOSQUITO & VECTOR CONTROL DISTRICT
a California independent special district
AND
CITY OF COTATI
a California municipal corporation
Agreement No. MSMVCD-COTATI-2026-WL
Dated: ____________________, 2026
Marin/Sonoma Mosquito & Vector Control District
595 Helman Lane, Cotati, CA 94931 | (707) 285-2200
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Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 2 of 18 Table of Contents
Table of Contents...........................................................................................................................................2 4 5
5 6
6 8
8 9
10 10
11 11
12 666677 of 669933
Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 2 of 18 666688 of 669933
Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 3 of 18
COST-SHARING AND PROJECT ADMINISTRATION AGREEMENT
This Cost-Sharing and Project Administration Agreement (“Agreement”) is entered into as of ____________________, 2026 (the “Effective Date”), by and between the Marin/Sonoma Mosquito & Vector Control District, a California independent special district (the “District”), and the City of Cotati, a California municipal corporation (the “City”). The District and the City are referred to individually as a “Party” and collectively as the “Parties.”
Recitals
A. District Project. The District owns real property located at and around 595–597 Helman Lane, Cotati, California (the “District Property”), and is undertaking the MSMVCD Facility Improvement Project, a building expansion and remodel of the District’s facilities (the “District Project”). The District Project is proceeding through design, environmental review, financing, and construction, with a construction start anticipated in early 2027.
B. City Water Line. The City’s adopted public utility master plan includes an item to connect a fresh water main between Blodgett Street on the north side of the District Property and Helman Lane on the south side.
The City desires to construct a new ten-inch (10”) water main of approximately 750 linear feet, together with a connection to the existing City water main in Helman Lane and a connection to an existing planned utility connection in the Blodgett Street cul-de-sac, which is located within an existing utility easement on the adjacent property at 380 Blodgett Street (APN 046-073-006), thereby forming a looped connection that improves water system reliability in this area of the City (the “Water Line”).
C. Installation Method. The Water Line is to be installed within a new utility easement to be granted by the District across the District Property by open-cut trench for approximately 550 linear feet of 10” PVC C900 pipe and by trenchless horizontal directional bore for approximately 200 linear feet of 10” fused HDPE pipe, with the trenchless segment used to limit surface disturbance and impacts to wetland and California tiger salamander (CTS) habitat present on the District Property.
D. Efficiency of Combined Work. Because the District is already mobilizing design professionals, environmental consultants, and a contractor for the District Project, the City desires to construct the Water Line in coordination with the District Project so as to share mobilization, design, environmental review, and construction efficiencies and to minimize repeated disturbance of the District Property.
E. District as Head Administrative and Supervising Agency. The Parties intend that the District act as the head administrative and supervising agency for the combined work, coordinating the District’s design and construction team, while the City reimburses the District for the costs attributable to the Water Line, plus an administrative fee, all as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:
Incorporation of Recitals
The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein.
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Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 4 of 18 Article 1. Definitions
As used in this Agreement, the following terms have the meanings set forth below. Other terms are defined where they first appear.
“Blodgett Easement” means the existing utility easement on the adjacent property at 380 Blodgett Street (APN 046-073-006), within which the Water Line connects to the existing planned utility connection in the Blodgett Street cul-de-sac, as described in Section 7.5. The Blodgett Easement is separate from the Easement and is not granted under this Agreement. “Business Day” or “business day” means Monday through Friday, excluding holidays observed by the State of California, regardless of either Party’s alternative work schedule. “Close-out Costs” means the reasonable, documented costs incurred by the District, at actual cost, to demobilize, secure and stabilize areas disturbed by the Water Line Work as required by the environmental approvals and permits, terminate or close out the Water Line Work of the District Consultants, and complete the final accounting under Article 5. “District Consultants” means the design, environmental, and construction professionals retained for the combined work, including without limitation Capital Program Management, Inc. (“CPM”), Native Sage Environmental Consulting (“Native Sage”) and its subconsultant Pinecrest Research Corporation (“PEC”), Lionakis and its subconsultants BKF Engineers (“BKF”) and Quadriga, and Thompson Builders Corporation (“Thompson Builders”), together with their subconsultants and subcontractors.
“District Project” means the building expansion and remodel of the District’s facilities known as the MSMVCD Facility Improvement Project at the District Property. “District Property” means the real property located in and around 595-597 Helman Lane, Cotati, California.
“Easement” means the new utility easement across the District Property that the District will grant to the City for the Water Line under Section 7.1, and “Easement Area” means the portion of the District Property described in the Easement. The Easement does not include the Blodgett Easement. “Project Managers” means the individuals designated by each Party under Article 3 as its primary point of contact.
“Regulatory Agency” means any federal, state, regional, or local agency with permitting, approval, or enforcement authority over the Water Line Work, including, as applicable, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the California Department of Fish and Wildlife, the Regional Water Quality Control Board, and the City when acting in its regulatory capacity. “Water Line Change Authorization” means a written document approved by both Project Managers under Section 4.3 that documents a change to the scope, schedule, or estimated Water Line Costs, including a change order for the Water Line Work under a District Consultant’s contract. The Water Line Change Authorization records the Parties’ approval of the change; the change order itself is issued by the District under the District Consultant’s contract. “Water Line Work” means all design, environmental review, permitting, construction, inspection, and closeout work reasonably necessary to design and construct the Water Line, as described in Exhibit A (Scope of Work).
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Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 5 of 18 “Water Line Costs” means the actual, documented costs incurred by the District that are directly attributable to the Water Line Work, as described in Article 5 and allocated under Exhibit B. “Wetland Mitigation Costs” means costs of avoidance, minimization, mitigation, monitoring, and compensation required by a Regulatory Agency associated with wetland and CTS habitat, as further described in Article 6 and Exhibit B.
Article 2. Purpose and Role of the District as Head Administrative and Supervising Agency
2.1. Purpose. The purpose of this Agreement is to set forth the terms under which the District will administer and supervise the Water Line Work in coordination with the District Project, and under which the City will reimburse the District for the Water Line Costs plus the administrative fee described in Article
5. 2.2. District as Head Administrative and Supervising Agency. The District shall serve as the head administrative and supervising agency for the Water Line Work. In that capacity, the District shall coordinate and direct the District Consultants, manage the schedule and interfaces between the Water Line Work and the District Project, and serve as the single point of contact with the District Consultants for the combined work. The District’s role under this Agreement is contractual and administrative. It is not a designation of lead agency under the California Environmental Quality Act (CEQA), which is addressed in Section 6.1.
2.3. Direction of Consultants. Native Sage, Lionakis, and Thompson Builders, and their respective subconsultants and subcontractors, shall report to and take direction from the District through its Project Manager and CPM with respect to the Water Line Work. The City shall not separately direct the District Consultants, but shall communicate through the District’s Project Manager as provided in Article 3.
2.4. City Retains Ownership of Water Line. Notwithstanding the District’s administering role, the Water Line is a City public facility. Upon acceptance, the City shall own, operate, and maintain the Water Line, subject to the Easement and to Article 7.
2.5. No Joint Venture. Nothing in this Agreement creates a partnership, joint venture, or agency relationship between the Parties beyond the limited administration described herein. Neither Party has authority to bind the other except as expressly provided.
Article 3. Project Managers and Points of Contact
3.1. District Project Manager. The District designates Peter Bonkrude, District Manager, as its Project Manager and primary point of contact for this Agreement. The District’s program manager, Capital Program Management (CPM), shall support the District Project Manager in the day-to-day administration of the Water Line Work. All formal direction to the District Consultants regarding the Water Line Work shall be issued through the District Project Manager or CPM.
3.2. City Project Manager. The City designates Craig Scott, Public Works Director, as its Project Manager and primary point of contact for this Agreement.
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3.3. Coordination. The Project Managers shall confer as reasonably necessary to coordinate the Water Line Work, review progress and costs, and resolve day-to-day issues. Either Party may change its Project Manager by written notice to the other.
3.4. Notices. Formal notices under this Agreement shall be in writing and delivered by hand, email with confirmation, or U.S. mail to the addresses set forth in Article 12.
Article 4. Scope of Work
4.1. Water Line Work. The District shall administer the Water Line Work described in Exhibit A (Scope of Work), attached and incorporated by reference, and shall supervise the District Consultants in its performance.
4.2. Coordination with District Project. The Water Line Work shall be coordinated with the District Project so as to share mobilization and minimize repeated disturbance of the District Property. Where a cost, task, or impact is shared between the Water Line and the District Project, it shall be allocated in accordance with Exhibit B.
4.3. Changes. Changes to the scope, schedule, or estimated Water Line Costs, including each change order for the Water Line Work under a District Consultant’s contract, shall be documented in a Water Line Change Authorization approved by both Project Managers before the affected work proceeds, except in the case of an emergency necessary to protect life, property, or the environment, which shall be documented as soon as practicable thereafter. The City Project Manager shall approve or disapprove each proposed Water Line Change Authorization in writing, stating the reasons for any disapproval, within seven five (57) business days after receiving it with supporting documentation. If the District Project Manager identifies a proposed Water Line Change Authorization as needed to avoid delay to work in the field, the City Project Manager shall approve or disapprove it within two (2) business days. If the City does not respond within thatthe applicable period, the District may proceed with the change, and its cost is a Water Line Cost, if the cost is within the remaining construction contingency shown in Exhibit B, and the District shall give the City written notice that it has proceeded. A change that exceeds the remaining contingency, or that would cause Water Line Costs to exceed the not-to-exceed amount, requires the City’s written approval in every case and is subject to Section 5.7. Costs of delay, standby, or resequencing of the work caused by the City’s untimely review of a Water Line Change Authorization are Water Line Costs.
Article 5. Costs, Administrative Fee, and Payment
5.1. City Responsibility for Water Line Costs. The City shall bear one hundred percent (100%) of the Water Line Costs — that is, the actual, documented costs directly attributable to the Water Line Work, including the City’s Exhibit B allocated share of any shared costs and its Exhibit B allocated share of Wetland Mitigation Costs.
5.2. District Administrative Fee. In consideration of the District’s administration, coordination, supervision and management of the Water Line Work, the City shall pay the District an administrative fee equal to two percent (2%) of the Water Line Costs (the “Administrative Fee”). The Administrative Fee shall be calculated on the Water Line Costs actually incurred and shall be shown as a separate line on each invoice.
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5.3. Estimated Amount. The Parties’ current good-faith estimate of the Water Line Costs and Administrative Fee is set forth in Exhibit B. The estimate is for planning and budgeting only; the City’s obligation is to reimburse actual Water Line Costs plus the Administrative Fee, subject to the not-to-exceed provisions of Section 5.7 and to Section 5.9.
Payment Method
The City shall pay its obligations by progress billing as follows:
5.4. Progress Billing. The District shall invoice the City not more frequently than monthly for Water Line Costs incurred during the billing period, plus the corresponding Administrative Fee. Each invoice shall be supported by reasonable documentation (consultant and contractor invoices, allocation calculations, and, where applicable, proof of payment). The City shall pay each undisputed invoice within thirty (30) days of receipt.
5.5. Documentation and Audit. The District shall maintain records of Water Line Costs and allocations for at least four (4) years after final payment. Upon reasonable notice, the City may inspect and audit such records, at the City’s expense, to verify amounts billed.
5.6. Disputed Amounts. If the City disputes any portion of an invoice, the City shall timely pay the undisputed portion and provide written notice of the disputed portion with the basis for the dispute. The Project Managers shall attempt in good faith to resolve the dispute; unresolved disputes shall be handled under Article 11.
5.7. Not-to-Exceed and Overruns. The District shall not incur Water Line Costs that would cause the total to exceed the not-to-exceed amount stated in Exhibit B without the City’s prior written authorization. The District shall notify the City promptly when incurred plus committed Water Line Costs are reasonably projected to reach ninety percent (90%) of that amount. Permit, plan check, review, and inspection fees of any Regulatory Agency, and Wetland Mitigation Costs, are included in the not-to-exceed amount up to the allowance shown in Exhibit B and are governed by Section 5.9.
5.8. No Markup on Fee. The Administrative Fee is the District’s sole compensation for administering the Water Line Work. The District shall not apply additional markup to pass-through consultant or contractor costs beyond the Administrative Fee, except for shared-cost allocations calculated under Exhibit B. Any markup contained in a District Consultant’s own proposal, such as a consultant’s administrative charge on its subconsultant’s fee, is part of the pass-through cost and is a Water Line Cost.
5.9. Permit Fees and Wetland Mitigation Costs. As of the Effective Date, environmental and regulatory permit fees and Wetland Mitigation Costs attributable to the Water Line have not been determined and are expected to be identified through the revised Initial Study and consultation with Regulatory Agencies.
Exhibit B includes an allowance of $42,554 for these costs, based on a placeholder provided by the City, and the allowance is included in the not-to-exceed amount. The allowance is an estimate only; the City’s obligation is for the actual permit fees and Wetland Mitigation Costs attributable to the Water Line, allocated under Exhibit B and subject to Section 5.7. When such a cost is identified, the District shall provide the City a written estimate with supporting documentation, and the District shall not commit or incur the cost without the City’s prior written approval, which shall be given or refused in writing within seven (7) business days after receipt of the estimate if the cost, together with costs previously approved under this Section, is within the allowance, or within twenty (20) business days after receipt of the estimate 667733 of 669933
Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 8 of 18 if the cost exceeds the allowance, and shall not be unreasonably withheld. Approved costs shall be billed at actual cost, plus the Administrative Fee, under Section 5.4. If the City does not give or refuse approval within the applicable period, or refuses approval, the District may defer the affected Water Line Work or remove the Water Line from any permit application shared with the District Project, and costs of delay to the Water Line Work caused by the City’s late response or refusal are Water Line Costs.
Article 6. Environmental Review and Wetland Mitigation
6.1. CEQA Coordination. The Water Line is being analyzed as part of the environmental review for the combined work. Under CEQA Guidelines section 15051(d), the Parties designate the City as the lead agency under CEQA for that review. The District, as the proponent of the District Project, is preparing the Initial Study and related documents through the District Consultants for the City’s independent review and adoption, and will act as a responsible agency in approving the District Project. The District’s role as head administrative and supervising agency under Article 2 does not make the District the CEQA lead agency.
The Parties shall cooperate in completing the CEQA review, including the errata and analysis pertaining to the Water Line addition described in Exhibit A. The City, as the entity that will own and operate the Water Line, shall reasonably support the environmental review, including provision of project description information for the Water Line.
6.2. Installation Method and Wetland Impacts. The Water Line shall be installed by open-cut trench for approximately 550 linear feet of 10” PVC C900 pipe and by horizontal directional bore for approximately 200 linear feet of 10” fused HDPE pipe without casing, with the trenchless segment located to limit surface disturbance in wetland and CTS habitat. Pipe materials and installation methods are subject to the City’s water system standards and the City’s approval of the public improvement drawings. Based on information provided by the City, additional impacts to wetland and/or CTS habitat attributable to the Water Line are anticipated to be limited to no more than one-tenth (0.1) of an acre. This estimate shall be confirmed or revised through the updated Biological Resources Assessment and Initial Study, and the City’s share of Wetland Mitigation Costs shall be based on the confirmed impact area.
6.3. City Share of Wetland Mitigation. The City shall bear its allocated share of Wetland Mitigation Costs attributable to the construction of the Water Line and its associated staging, construction access, and bore entry and exit pits, as allocated in Exhibit B. Where wetland or CTS mitigation serves both the District Project and the Water Line, the cost shall be allocated between them by relative area of impact under the formula in Section B-1 of Exhibit B. The City bears no Wetland Mitigation Costs for any area that the District Project would disturb without the Water Line.
6.4. Permits. The District shall coordinate applications for permits from Regulatory Agencies required for the Water Line Work. Regardless of which Party is the named applicant for any permit or for the City’s review of the public improvement drawings, all permit, plan check, review, and inspection fees attributable to the Water Line are Water Line Costs, subject to Section 5.9.
Article 7. Easement, Access, and Ownership
7.1. Grant of Easement. The District shall grant, and the City shall accept, a new utility easement across the District Property for the installation, operation, maintenance, repair, and replacement of the Water Line, in a form and location reasonably acceptable to both Parties. The easement shall be granted by a separate Grant Deed of Easement executed, acknowledged, and recorded in the Official Records of Sonoma County 667744 of 669933
Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 9 of 18 as part of the project approvals. The Easement shall be substantially in the form agreed by the Parties, including reservation of the District’s continued use of the Easement Area subject to reasonable restrictions to protect the Water Line, the City’s obligation to maintain the Water Line and restore the District Property, City indemnity and insurance, and the District’s right to require relocation of the Water Line at the District’s cost where relocation is reasonably necessary for the District’s use, improvement, or expansion of its facilities on the District Property, subject to reasonable notice, a good-faith process, the City’s approval of the relocation design, which shall not be unreasonably withheld, and the District’s grant of a replacement easement at no cost to the City. The restrictions on the District’s use of the Easement Area shall be limited to the following: the District shall not construct buildings or other permanent structures, or plant trees, over the Water Line within the Easement Area without the City’s written consent, which shall not be unreasonably withheld. Paving, parking, drive aisles, curbs, fencing, lighting, landscaping other than trees, drainage improvements, and utility crossings that meet the City’s standard separation requirements are permitted. The Parties shall locate the Water Line, through the design described in Exhibit A, where it least interferes with the District Project and the District’s planned use of the District Property. BKF, under the Lionakis amendment described in Exhibit A, will prepare the legal description and plat for the Easement, and the City will prepare the grant form. If the City does not record the Easement, the cost of recording is a Water Line Cost.
7.1.1. Priority of Instruments. The recorded Easement governs the real-property interest in the District Property. This Agreement governs cost, payment, and construction administration. In the event of a conflict as to the property interest, the recorded Easement controls.
7.2. Access During Construction. The District shall provide the District Consultants reasonable access to the District Property to perform the Water Line Work, including access to staging areas and the bore entry and exit pits. Staging area(s) for the directional bore are anticipated to require approximately 2,500 to 3,500 square feet, at location(s) coordinated through the District Project Manager.
7.3. Restoration. Areas disturbed by the Water Line Work shall be restored to a condition reasonably equivalent to their pre-construction condition, consistent with the environmental approvals, as a Water Line Cost.
7.4. Ownership and Maintenance After Acceptance. Upon completion, testing, and acceptance of the Water Line, the City shall own, operate, maintain, and be responsible for the Water Line within the Easement, and the District shall have no obligation for its operation or maintenance.
7.5. Rights Outside the District Property. The Water Line extends beyond the District Property onto the adjacent property at 380 Blodgett Street (APN 046-073-006) to connect within the Blodgett Easement in the Blodgett Street cul-de-sac. The City is solely responsible, at its own cost and outside the Water Line Costs, for confirming that the Blodgett Easement permits the Water Line and for securing any other easement, right of entry, or other property right needed for the Water Line outside the District Property, and shall confirm in writing to the District that those rights are in place before construction of that segment begins.
Article 8. Term and Termination
8.1. Term. This Agreement takes effect on the Effective Date and continues until the Water Line Work is complete, the final accounting and payment under Article 5 are made, and the Easement is recorded, unless terminated earlier as provided herein.
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8.2. Termination for Convenience by City. The City may terminate this Agreement for convenience upon thirty (30) days’ written notice. In the event of such termination, the City shall pay to the District all Water Line Costs incurred and non-cancellable commitments made through the effective date of termination, plus the Administrative Fee on those costs, plus Close-out Costs.
8.3. Termination for Cause. Either Party may terminate this Agreement for the other Party’s material breach that remains uncured thirty (30) days after written notice describing the breach. The City remains responsible for Water Line Costs and the Administrative Fees incurred through termination.
8.4. Effect of Termination. Termination does not relieve the City of its obligation to pay for work performed and commitments made before termination, and does not affect provisions that by their nature survive, including indemnity, records/audit, and dispute resolution.
Article 9. Indemnification and Insurance
9.1. City Indemnity. To the fullest extent permitted by law, the City shall indemnify, defend, and hold harmless the District, its board members, officers, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) to the extent arising out of the Water Line Work, the City’s ownership and operation of the Water Line, or the City’s negligent acts, errors, or omissions under this Agreement, except to the extent caused by the District’s sole negligence or willful misconduct.
For claims arising out of the Water Line Work, the City’s obligations under this Section apply only to the extent the claim is not caused by the negligence or willful misconduct of a District Consultant and the resulting loss is not paid under a District Consultant’s indemnity or insurance.
9.2. District Indemnity. To the fullest extent permitted by law, the District shall indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees) to the extent arising out of the Water Line Work, orWater Line Work, or District’s negligent acts, errors, or omissions under this Agreement, except to the extent caused by the City’s sole negligence or willful misconduct.
9.3. Consultant and Contractor Indemnity and Insurance. The District shall require the District Consultants performing Water Line Work to indemnify the City to the same extent they indemnify the District under their contracts, to carry commercially reasonable insurance (commercial general liability, automobile, workers’ compensation, and, for design professionals, professional liability), and to name the District and the City, its elected and appointed officials, officers, employees, and agents, as additional insureds where appropriate, consistent with the District’s standard contracting requirements and applicable law. On request, the District shall give the City copies of the indemnity and insurance provisions of the District Consultants’ contracts and the certificates and endorsements naming the City.
9.4. Tender to District Consultants. The District shall promptly tender any claim arising out of the Water Line Work to the responsible District Consultants and their insurers, shall reasonably pursue its indemnity and insurance rights against them, and, at the City’s request, shall assign to the City the District’s rights against a District Consultant for that claim, to the extent those rights are assignable.
Article 10. Standard of Performance and Cooperation
10.1. District Standard. The District shall administer the Water Line Work in a diligent and workmanlike manner consistent with the standard applicable to a public agency administering similar public works, but 667766 of 669933
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10.2. Cooperation. Each Party shall reasonably cooperate, provide information, and act in good faith and with reasonable promptness in reviews, approvals, and decisions necessary to keep the Water Line Work on schedule.
10.3. Coordination of Projects. The Parties shall cooperate in good faith to coordinate the Water Line Work and the District Project so that both are completed with the least practicable impact on the Parties, the District’s operations, and the public, including by coordinating schedules, site access, staging, and public notice. Nothing in this Section requires the District to delay or modify the District Project for the benefit of the Water Line Work except as the District agrees in writing.
Article 11. Dispute Resolution
11.1. Meet and Confer. The Project Managers shall first attempt to resolve any dispute. If unresolved within fifteen (15) days, the dispute shall be escalated to the District Manager and the City Manager (or their designees), who shall meet and confer in good faith.
11.2. Mediation. If the dispute remains unresolved thirty (30) days after escalation, before either Party commences litigation, the Parties shall submit the dispute to non-binding mediation before a mutually agreeable mediator, with the cost shared equally between the Parties.
11.3. Governing Law and Venue. This Agreement is governed by the laws of the State of California.
Venue for any action shall be in the Superior Court of California, County of Sonoma.
Article 12. General Provisions
12.1. Notices. All notices shall be delivered to:
To the District: To the City:
Marin/Sonoma Mosquito & Vector Control District
Attn: Peter Bonkrude, District Manager
595 Helman Lane
Cotati, CA 94931
(707) 285-2200
[email protected]
City of Cotati
Attn: City Manager
201 W. Sierra Avenue
Cotati, CA 94931
(707) 665-3622
[email protected]
12.2. Entire Agreement. This Agreement, including its Exhibits, together with the Easement, constitutes the entire agreement between the Parties concerning the Water Line Work and supersedes prior negotiations and understandings on that subject.
12.3. Amendment. This Agreement may be amended only by a written instrument signed by both Parties, except that Water Line Change Authorizations approved by both Project Managers under Section 4.3 are effective for the matters they address.
12.4. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. 667777 of 669933
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12.5. Severability. If any provision is held invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
12.6. No Third-Party Beneficiaries. This Agreement is for the benefit of the Parties only and confers no rights on the District Consultants or any other third party.
12.7. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original.
12.8. Authority. Each signatory represents that he or she is authorized to execute this Agreement on behalf of the Party for which he or she signs, subject to any required governing-body approval.
Signatures
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
MARIN/SONOMA MOSQUITO & VECTOR
CONTROL DISTRICT
By: Peter Bonkrude District Manager
Date
Approved as to form:
District Counsel
CITY OF COTATI
By: ____________________ City Manager
Date
Approved as to form:
City Attorney
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EXHIBIT A
Scope of Work — Helman Lane–Blodgett Street Water Line
A-1. Project Description
On behalf of the City of Cotati, the District will administer the design and construction of a new ten-inch (10”) water main of approximately 750 linear feet extending across the District Property to connect the existing City water main in Helman Lane (south) with an existing planned utility connection in the Blodgett Street cul-de-sac (north), located within the Blodgett Easement on the adjacent property at 380 Blodgett Street (APN 046-073-006), forming a looped connection that improves water system reliability in this area of the City. Across the District Property, the Water Line will be placed within the Easement, a new utility easement to be granted by the District under Section 7.1 and recorded as part of the project approvals.
A-2. Construction Method
The Water Line will be installed by a combination of open-cut and trenchless methods, consistent with the construction pricing used for the Exhibit B estimate (CPM, Option 2): approximately 550 linear feet of 10” PVC C900 pipe installed by open-cut trench and cover, and approximately 200 linear feet of 10” fused HDPE pipe installed by horizontal directional bore without casing, including bore entry and exit pits. The trenchless segment is intended to limit surface disturbance and impacts to wetland and CTS habitat. Pipe materials are subject to the City’s water system standards and approval of the public improvement drawings.
Typical elements include:
• Bore entry and exit pits sized for the directional drilling rig, drilling fluid management, and pullback of the fused HDPE pipe.
• Fusion of HDPE pipe sections and connection of the HDPE segment to the PVC C900 segments with appropriate transition fittings.
• Open-cut trench, pipe bedding, backfill, and surface restoration for the approximately 550-foot open-cut segment.
• Connections (points of connection) to the existing City water mains at Helman Lane and in the Blodgett Street cul-de-sac.
• Boring duration to be confirmed by the contractor, plus connection, testing, and restoration. • Staging area of approximately 2,500–3,500 square feet at location(s) coordinated with the District.
A-3. Design and Plan Set
Revisions to the combined Plan Set / Utility Plan to show the Water Line, the points of connection at Helman Lane and the Blodgett Street cul-de-sac, the open-cut segment, the directional bore entry and exit pits within the Easement, the physical access points at either end, and the equipment and materials staging area(s). Civil design and coordination to be provided through the District’s design team and CPM.
Design services are as described in the Lionakis Add Service Proposal – Public Water Main (Amendment No. 2, September 4, 2026), with civil engineering by BKF and landscape architecture by Quadriga: (1) legal description and plat for the Easement; (2) Civil Public Improvement Drawings for the Water Line in the City’s required format, submittal to the City, and response to up to two sets of City comments; (3) meetings 668800 of 669933
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Items excluded from the Lionakis proposal, including geotechnical engineering, title and boundary survey work, and SWPPP preparation, are not included in the Lionakis amount shown in Exhibit B. If required for the Water Line, they are Water Line Costs handled under Section 4.3 unless already itemized in the construction pricing used for Exhibit B. The District Project already has a geotechnical report and SWPPP coverage. Each will be supplemented for the Water Line, including borings for the trenchless segment, and the cost of each supplement is a Water Line Cost.
A-4. Environmental Review (CEQA)
Preparation of the text edits and analysis pertaining to the Water Line addition, to be provided as an errata sheet to the Administrative Draft Initial Study (IS) Checklist so the City reviewer can review the Water Line changes separately from the base Ad-Draft IS. The errata will add the Water Line narrative to the Project Description and add text and analysis to at least the following IS Checklist sections:
• Aesthetics
• Biological Resources
• Cultural Resources
• Geology / Soils
• Noise
• Utilities and Service Systems
• Mandatory Findings of Significance
Additional IS Checklist sections (for example, Land Use or Transportation / Traffic) will be addressed if the City determines they are warranted. Environmental work to be performed by Native Sage and its subconsultants under the District’s direction, as described in the Native Sage scope of work dated September 29, 2026, including an update to the Biological Resources Assessment by PEC, consultation with the Anthropological Services Center at Sonoma State University, permitting specific to the Water Line, and responses to City comments on the errata and the Public Draft IS.
A-5. Wetland / CTS Mitigation
Coordination and implementation of avoidance, minimization, and any required mitigation and monitoring associated with wetland and CTS habitat attributable to the Water Line. Based on the trenchless method, additional impacts attributable to the Water Line are anticipated to be limited to no more than 0.1 acre. PEC has noted that, where it is not bored, the Water Line may require trenching through jurisdictional wetland and Critical Habitat for the Sonoma DPS of California tiger salamander; the impact area will be confirmed in the updated Biological Resources Assessment. The City’s allocated share of Wetland Mitigation Costs is addressed in Exhibit B and Section 5.9.
A-6. Construction Administration and Closeout
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Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 15 of 18 Construction by Thompson Builders under the District’s administration, including inspection, testing, disinfection, connection, restoration of disturbed areas, and closeout documentation. Upon acceptance, the Water Line becomes a City-owned facility per Article 7.
A-7. Roles
The District (through Peter Bonkrude, District Manager) and CPM (Omar Peña) serve as the points of contact and administer the Water Line Work. Native Sage (Christine Schneider) and PEC, Lionakis (Candace Harrison) with BKF and Quadriga, and Thompson Builders report to and take direction from the District for the Water Line Work. The City provides project description information, timely reviews and approvals, and funding as set forth in the Agreement and Exhibit B. 668822 of 669933
Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 15 of 18 668833 of 669933
Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 16 of 18
EXHIBIT B
Cost Allocation and Estimate
B-1. Cost Allocation Principles
Water Line Costs are the actual, documented costs directly attributable to the Water Line Work. Costs that serve only the Water Line are allocated 100% to the City. Costs that serve both the Water Line and the District Project (shared costs) are allocated between them as stated below. The 2% Administrative Fee applies to the City’s allocated Water Line Costs only, not to the District Project. • Water-line-only costs: open-cut and directional bore installation, 10” PVC C900 and fused HDPE pipe, points of connection, staging, access, and restoration for the Water Line, construction contingency, topographic survey, Water Line design, Easement legal description and plat, and CEQA coordination (Lionakis Amendment No. 2), CEQA errata for the Water Line, CPM Amendment No. 1, and Water-Line-specific permits — allocated 100% to the City. • Shared costs: a cost that serves both the Water Line and the District Project, and is not already included in the Water Line construction price, is allocated in proportion to each project’s measured use of the item (for example, days of use for shared equipment or a shared staging area, or square feet of disturbance for restoration). The District shall show the measurement and the calculation with the invoice. As of the Effective Date, no such cost is included in the estimate below; staging, access, and restoration for the Water Line are included in the construction price.
Wetland mitigation is allocated as stated in the next paragraph. • Wetland mitigation: the City bears the share attributable to the Water Line’s incremental impact (anticipated ≤ 0.1 acre), allocated by relative acreage of impact unless the Parties agree otherwise in writing. “Incremental impact” means the acreage of wetland or CTS habitat disturbed by the Water Line Work, including its staging, construction access, and bore entry and exit pits, that lies outside the area the District Project would disturb without the Water Line, as mapped in the updated Biological Resources Assessment. The City bears no Wetland Mitigation Costs for any part of the Water Line that lies within the District Project’s own disturbance area, for example beneath paving or other improvements built as part of the District Project. If a mitigation requirement or a wetland or CTS permit fee is charged separately for the Water Line, the City pays that amount. If a single mitigation requirement or wetland or CTS permit fee covers both projects (for example, a single permit or a single mitigation credit purchase for the combined work), the City’s share is the cost multiplied by the Water Line’s incremental impact acreage outside of the areas impacted by the District project and divided by the total impact acreage covered by that requirement or fee.
• B-2. Estimated Water Line Costs
The following is a good-faith planning estimate only. Dollar figures are taken from the consultant proposals, CPM Amendment No. 1, and CPM’s construction pricing listed below. The City reimburses actual costs plus the Administrative Fee, subject to the not-to-exceed amount. Contingency is billed only to the extent actually used.
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Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 17 of 18 Water Line Cost Component Allocation Basis Estimated Amount Water Line design, legal description and plat,
construction support, CEQA coordination (Lionakis
Amendment No. 2: Lionakis / BKF / Quadriga)
100% City $55,795.00
Topographic survey (BKF Additional Service Request
01; reimbursables billed at actual)
100% City $3,500.00
CEQA errata & analysis — Water Line (Native Sage
$47,175; PEC $5,250 plus 10% admin $525)
100% City $52,950.00
Environmental / regulatory permit fees (Water Line) 100% City Included in allowance below Construction: 550 LF open-cut 10” PVC C900 and 200
LF directional bore 10” fused HDPE (no casing), bore
pits, connections (Thompson Builders; CPM pricing
Option 2)
100% City $320,150.00
Construction design/escalation contingency (15% of
construction)
100% City $48,022.50
Staging, access, restoration 100% City Included in construction Wetland / CTS mitigation Allowance — Water Line
share (≤ 0.1 ac); including permit fees (Section 5.9)
Prorated by impact $42,554.00
CPM / project management attributable to Water Line
(CPM Amendment No. 1)
100% City $51,000.00
Subtotal — Water Line Costs (including Section 5.9
allowance)
$573,971.50
District Administrative Fee (2% of Water Line
Costs)
2% $11,479.43
TOTAL ESTIMATED CITY OBLIGATION $585,450.93
Sources: Lionakis Add Service Proposal – Public Water Main, Amendment No. 2 (September 4, 2026); BKF Additional Service Request 01 (August 24, 2026); Native Sage scope of work (September 29, 2026) with PEC Estimate PEC00780 (September 29, 2026); CPM Contract Amendment #1; CPM construction pricing, Option 2 (October 2, 2026); City of Cotati placeholder for permit fees and wetland mitigation (October 2, 2026).
Not-to-Exceed Amount: $585,450.93 (Water Line Costs plus Administrative Fee, including the allowance for permit fees and Wetland Mitigation Costs under Section 5.9). The District will not exceed this amount without the City’s prior written authorization (Section 5.7). 668855 of 669933
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Cost-Sharing & Project Administration Agreement — Helman/Blodgett Water Line MSMVCD – City of Cotati | Agreement No. MSMVCD-COTATI-2026-WL | Page 18 of 18
EXHIBIT C
Water Line Alignment — Reference Exhibit
The following aerial reference depicts the general Water Line alignment across the District Property between Helman Lane (south) and Blodgett Street/Circle (north). The final alignment, easement location, points of connection, bore entry and exit pits, and staging area(s) shall be as shown on the approved Plan Set / Utility Plan and the recorded Easement.
Figure C-1. General Water Line alignment (red) across the District Property. Illustrative only. 668877 of 669933
10/7/2026 10:42:53 PM Page 1 of 3
Budget Adjustment Register
Cotati, CA Adjustment Detail
Packet: GLPKT16365 - MSMVC - Cost Sharing Agreement P-10 Pipeline
Adjustment Number Budget Code Description Adjustment Date BA0000112 Adopted Budget for FY 2026… Design & Env. for P-10 Cost Sharing Agrmnt 10/13/2026 Summary Description:
Account Number Account Name Adjustment Description Before Adjustment After 402-00-92300-VECTOR P-10 Cost Sharing MSMVC Design & Env. for P-10 Cost Sharing Agrmnt 0.00 112,245.00 112,245.00 October: 112,245.00
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Budget Adjustment Register Packet: GLPKT16365 - MSMVC - Cost Sharing Agreement P-10 Pipeline 10/7/2026 10:42:53 PM Page 2 of 3
Budget Budget Description Account Account Description After Budget Code Summary
Before Adjustment
2026-2027 Adopted Budget for FY 20… 402-00-92300-VECTOR P-10 Cost Sharing MSMVC 0.00 112,245.00 112,245.00 2026-2027 Total: 0.00 112,245.00 112,245.00
Grand Total: 0.00 112,245.00 112,245.00
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Budget Adjustment Register Packet: GLPKT16365 - MSMVC - Cost Sharing Agreement P-10 Pipeline 10/7/2026 10:42:53 PM Page 3 of 3
Fund After
Fund Summary
Before Adjustment
Budget Code:2026-2027 - Adopted Budget for FY 2026/27 Fiscal: 2026-2027 402 0.00 112,245.00 112,245.00
Budget Code 2026-2027 Total: 0.00 112,245.00 112,245.00 Grand Total: 0.00 112,245.00 112,245.00
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Cotati City Council
Agenda Staff Report
Item type: CLOSED SESSION
To: City Council
Subject: CONFERENCE WITH LABOR NEGOTIATORS
(GOVERNMENT CODE SECTION 54957.6) CITY
DESIGNATED REPRESENTATIVE: CITY MANAGER OR
DESIGNEE. EMPLOYEE ORGANIZATIONS: COTATI
EMPLOYEES ASSOCIATION (CEA), COTATI POLICE
OFFICER'S ASSOCIATION (CPOA), COTATI POLICE
MANAGERS ASSOCIATION (CPMA), AND NONREPRESENTED EMPLOYEES.
Date: October 13, 2026
Written by: Damien O'Bid, City Manager
Recommendation
This is a closed session item.
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Cotati City Council
Agenda Staff Report
Item type: CLOSED SESSION
To: City Council
Subject: CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED
LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (D)
OF SECTION 54956.9: 2 POTENTIAL CASES
Date: October 13, 2026
Written by: Damien O'Bid, City Manager
Recommendation
This is a closed session item.
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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: October 13, 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]. 669933 of 669933