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AMENDED

VIEWS: 8 PAGES: 85

									                 AMENDED
      Item No. 5 (CPA MOU) added

                                    AGENDA
    REGULAR CITY COUNCIL MEETING, JOINT MEETING OF THE CITY COUNCIL
         AND THE BOARD OF DIRECTORS OF THE COTATI COMMUNITY
                           REDEVELOPMENT AGENCY
            WEDNESDAY AUGUST 11, 2010, 6:00 PM CLOSED SESSION
                          7:00 PM REGULAR MEETING
               City Council Chambers, City Hall, 201 W. Sierra Avenue

The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd and 4th Wednesday of every
month. Your interest and participation are encouraged and appreciated.

City Council meeting agendas, minutes and audio recordings (podcast) are posted on the City’s website at
www.ci.cotati.ca.us. To receive the City Council Agenda by e-mail, sign up for City of Cotati community notifications at
www.nixle.com. Contact the Deputy City Clerk at ttaylor@ci.cotati.ca.us or 707-665-3622 for questions about the agenda.

Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda.

Any writings or documents provided to a majority of the Cotati City Council regarding any item on this agenda will be made
available for public inspection in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during
normal business hours.

Disabled Accommodation: Upon request, this agenda will be made available in appropriate formats to persons with
disabilities as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who
requires a modification or accommodation in order to participate in a meeting should contact the Deputy City Clerk at (707)
665-3622 at least 48 hours in advance of the meeting.

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

Those wishing to address the Council are asked to complete a speaker card and give it to the Deputy City Clerk.
Please limit comments to 3 minutes or as the Mayor directs; when you are called, step to the podium and state your
name and address for the record. Persons wishing to address the Council are not required to identify themselves (Gov’t.
Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council
are recognized and it assists the Deputy City Clerk in preparing the City Council meeting minutes.


6:00 PM CLOSED SESSION CALL TO ORDER (CITY COUNCIL CHAMBERS)

ADJOURNMENT TO CLOSED SESSION (CITY MANAGER’S OFFICE)

    CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
    City Designated Representative: City Manager or designee
    Employee Organizations: (1) Cotati Police Officers Management Association (2) Cotati Police
    Officers Association

7:00 PM REGULAR SESSION

CALL TO ORDER OF REGULAR CITY COUNCIL MEETING

ROLL CALL
     City Council Agenda
     August 11, 2010
     Page 2 of 4




PLEDGE OF ALLEGIANCE

1.      APPROVAL OF MINUTES OF JUNE 23 AND JULY 14, 2010 REGULAR MEETINGS AND
        NOTICE OF WAIVING OF READING OF ALL RESOLUTIONS AND ORDINANCES
        INTRODUCED AND/OR ADOPTED UNDER THIS AGENDA (Action)

ANNOUNCEMENTS

        Cotati’s 20th annual Accordion Festival is coming up on Saturday and Sunday, August 22nd and 23rd
        at La Plaza Park.

        The City is seeking applicants for the Design Review Board. The Board currently has positions in
        the Architecture, Energy/Solar and Design Professional fields. Cotati residency is not a requirement.
        Applications are available to download from the City’s website at ci.cotati.ca.us, or contact the
        Deputy City Clerk at 707-665-3622.

        The Cotati Chamber of Commerce presents the Cotati Farmers Market, which takes place every
        Thursday through September 16 from 4:30 to 7:30 p.m. in La Plaza Park.

PRESENTATIONS

        GO LOCAL: CURRENCY ALTERNATIVES

        Representatives of the Sonoma County GoLocal Cooperative will present information regarding
        currency alternatives.

        COTATI INDEPENDENT BUSINESS ADVISORY GROUP

        Representatives Cotati Independent Advisory Group (CIBAG) will present information on economic
        development.

CITY MANAGER’S REPORT

APPROVAL OF FINAL AGENDA

CITIZEN BUSINESS
Any member of the public wishing to speak to the Council on any item or items listed on the Consent Calendar or any item or
items not listed on the agenda may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues
or take action on any item not listed on the agenda during this period. Comments of any member of the public is normally
restricted to three (3) minutes in length.

DIRECTION ON FUTURE AGENDA ITEMS
     City Council Agenda
     August 11, 2010
     Page 3 of 4


REGULAR AGENDA

2.      APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE TO THE 2010 LEAGUE
        OF CALIFORNIA CITIES ANNUAL CONFERENCE (City Manager) (Action)

        It is recommended that the City Council adopt a motion appointing a Voting Delegate and Alternate
        to the 2009 League of California Cities Annual Conference and authorize the Mayor to sign the
        2010 Annual Conference Voting Delegate Form.

3.      CITY COUNCIL PROTOCOL POLICY SUBCOMMITTEE (City Manager) (Action)

        It is recommended that the City Council adopt a motion establishing a subcommittee to provide
        recommendations for a City Council Protocol Policy.

4.      COOPERATIVE AGREEMENT WITH THE SONOMA COUNTY TRANSPORTATION
        AUTHORITY TO PERFORM ROAD REHABILITATION AND APPROPRIATION OF
        FUNDS IN AN AMOUNT NOT TO EXCEED $400,000 (Public Works/Engineering) (Action)

        It is recommended that the City Council adopt a motion to authorize the City Manager to execute a
        cooperative agreement with the Sonoma County Transportation Authority to fund road rehabilitation
        and appropriate funds in an amount not to exceed $400,000 from the Transportation Development
        Fund (Fund 22).

5.      MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND ITS
        EMPLOYEES REPRESENTED BY THE COTATI POLICE OFFICERS ASSOCIATION
        (CPOA) AND APPROPRIATION OF FUNDS NOT TO EXCEED $42,000 (Administrative
        Services) (Action)

        It is recommended that the City Council adopt a resolution to approve a Memorandum of
        Understanding (MOU) between the City and its employees represented by the Cotati Police Officers
        Association and appropriation of funds not to exceed $42,000.

ADJOURNMENT OF REGULAR MEETING OF THE CITY COUNCIL AND CALL TO ORDER
OF JOINT MEETING OF CITY COUNCIL AND COTATI COMMUNITY REDEVELOPMENT
AGENCY BOARD OF DIRECTORS

CONSENT CALENDAR (JOINT MEETING)

6.      WARRANTS AND AUDITED CLAIMS (Administrative Services) (Action)

        This motion receives and files warrants and audited claims for June 24th, 2010 – July 21st, 2010.
     City Council Agenda
     August 11, 2010
     Page 4 of 4


 ADJOURNMENT OF JOINT MEETING; RECONVENING OF REGULAR MEETING OF CITY
 COUNCIL

 CITY COUNCIL REPORTS (Discussion)

 ADJOURNMENT
Certification of Posting of the Agenda: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted
this agenda on the bulletin boards of City Hall, Veterans’ Memorial Building and the U.S. Post Office on or before August 6, 2010.

/s/ Tamara Taylor, Deputy City Clerk
                       DRAFT
                        Subject to approval.

      Revised to incorporate direction at the July 14, 2010 City
     Council meeting regarding the opening of Citizen Business.
                                    MINUTES
     REGULAR CITY COUNCIL MEETING, JOINT MEETING OF THE CITY COUNCIL
          AND THE BOARD OF DIRECTORS OF THE COTATI COMMUNITY
                            REDEVELOPMENT AGENCY
              WEDNESDAY JUNE 23, 2010, 6:00 PM CLOSED SESSION
                           7:00 PM REGULAR MEETING
                City Council Chambers, City Hall, 201 W. Sierra Avenue

6:00 PM CLOSED SESSION CALL TO ORDER (CITY COUNCIL CHAMBERS)

Mayor Coleman-Senghor called the meeting to order at 6:03 p.m. in the City Council chamber. There
being no one wishing to comment, he adjourned to closed session in the City Manager’s office.

ADJOURNMENT TO CLOSED SESSION (CITY MANAGER’S OFFICE)

CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
City Designated Representative: City Manager or designee
Employee Organizations: (1) Cotati Employees Association (2) Cotati Police Officers Management
Association (3) Cotati Police Officers Association

7:00 PM REGULAR SESSION

CALL TO ORDER OF REGULAR CITY COUNCIL MEETING

Mayor Coleman-Senghor called the meeting to order at 7:03 p.m.

ROLL CALL

Councilmembers present: Councilmembers Gilardi, Harvey, Landman, Vice Mayor Orchard and Mayor
Coleman-Senghor.

Staff present: Administrative Services Director Jone Hayes, Acting Community Development
Director/Assistant to the City Manager Marsha Sue Lustig, City Engineer/Director of Public Works
Damien O’Bid, City Attorney Rich Rudnansky Police Chief Robert Stewart, Deputy City Clerk Tamara
Taylor, City Manager Dianne Thompson

PLEDGE OF ALLEGIANCE

Vice Mayor Orchard led the pledge of allegiance.

1.     APPROVAL OF MINUTES OF MAY 26, 2010 REGULAR MEETING AND NOTICE OF
       WAIVING OF READING OF ALL RESOLUTIONS AND ORDINANCES INTRODUCED
       AND/OR ADOPTED UNDER THIS AGENDA (Action)

       Moved by Councilmember Harvey, seconded by Councilmember Landman and passed 4-0-1 (Vice
       Mayor Orchard abstaining), to approve the minutes of the May 26, 2010 Regular meeting as submitted.
  City Council Minutes                       DRAFT
  June 23, 2010                               Subject to approval.
  Page 2 of 14

ANNOUNCEMENTS

     The Cotati Chamber of Commerce presents the Cotati Farmers Market, which takes place every
     Thursday through September 16 from 4:30 to 7:30 p.m. in La Plaza Park.

     There will be a free Movie in the Park event on Friday July 16 with a showing of the family film
     ‘Space Jam’ starting just after sunset in La Plaza park.

     Cotati’s 18th Annual Kids Day Parade and Festival is taking place on Saturday July 17. The parade
     starts at 10:00 a.m. and the fun continues at the festival in La Plaza park.

     The Cotati Historical Society Museum, located in the east rear corner of City Hall near the
     Finance/Water offices has established regular hours of operation.

CITY MANAGER’S REPORT

City Manager Dianne Thompson reported the following:

           •   Rancho Cotati Lacrosse Club has presented the City with a team plaque
           •   Use of Nixle community notification service will be expanded to include traffic control,
               City Council and Planning Commission agenda and other events.
           •   The City has received a ‘Transportation for Livable Communities’ (TLC) grant to be used
               for improvements in the Downtown Specific Plan area.
           •   The Piano drop picnic was well attended and a great success.
           •   The Cotati Jazz festival was successful.

Councilmembers commented briefly on the City Manager’s report.

APPROVAL OF FINAL AGENDA

Moved by Councilmember Gilardi, seconded by Councilmember Mark Landman and passed
unanimously to move item 6 (Accordion Festival) to the regular agenda to be heard immediately prior to
item 13.

Moved by Vice Mayor Orchard, seconded by Councilmember Susan Harvey and passed unanimously to
approve the final agenda with item 6 being moved to the regular agenda immediately prior to item 13.

CITIZEN BUSINESS

Deleted text struck-out; added text underlined.

Mayor Coleman-Senghor indicated that citizens wishing to speak on items that are not on the agenda or
that are on the consent calendar may address the Council during citizen business and noted a time limit of
three minutes per speaker.

George Barich requested that certain consent calendar items in addition to item 6 be pulled for discussion.

Mayor Coleman-Senghor referred to City Attorney Rudnansky who clarified that the Brown Act requires
  City Council Minutes                        DRAFT
  June 23, 2010                               Subject to approval.
  Page 3 of 14

that citizens be allowed an opportunity to speak to all agenda items, but does not address consent calendar
items in particular.

The Council concurred to leave the agenda as approved and to not pull any more items off the consent
calendar.

Transcript:

Mayor: Now I’m going to open the meeting to Citizen’s Business. Mr. Barich.

Mr. Barich: Good evening, City Council. Mayor, I did not request to speak during Citizen’s Business but
however since you called me up I would like to formally request that uh, that the consent calendar, that
items number 2, number 3, number 5 and as you requested number 6 and number 7 be pulled for
discussion. Thank you.

Mayor: We have dealt with this issue before about, um pulling an item from the floor. Citizens may feel
free to speak to any item on the agenda, uh but do not have the authority to pull an item.

Councilmember Gilardi: We, uh, can I just clarify?

Mayor: (inaudible)

Councilmember Gilardi: So if somebody wants to comment on the Consent Calendar they should do it
now during Citizen Business.

Mayor: Exactly. What (or well) do you wish to do so, Mr. Barich?

Mr. Barch: No, sir.

City Attorney Rich Rudnansky: Just for clarity, the public comment portion is for citizens to talk about
anything that’s not on the agenda that’s within your subject matter or jurisdiction, or anything on the
Consent Calendar.

Mayor: What is not on the uh the agenda or on or it’s on the Consent Calendar.

City Attorney Rudnansky: Correct

Mayor: Yes

City Attorney Rudnansky: Most of the items they can speak to ‘em at the time.

Mayor: Okay, so again for clarification, uh any citizen can speak to an item that is not on the agenda or an
item that is on the Consent uh Calendar. Okay. Citizen’s Business, I open to Citizen’s Business. Jeannie,
of Cotati.

End of transcript.

Jeanine (last name not given) commended City Manager Thompson.
  City Council Minutes                       DRAFT
  June 23, 2010                               Subject to approval.
  Page 4 of 14

Eric Kirchmann addressed the Council regarding the timing of speakers during citizen business, the
budget, lighting in the Council chamber and the structural soundness of City Hall.

Greg Karraker commented on the cost of repairing the downtown flagpole and requested information on
volunteers and how to proceed with donating funds toward the repair project.

Mayor Coleman-Senghor recognized Victor Gonzalez, who deferred to Tom Monahan.

Tom Monahan discussed the status of their project at Hwy 116, including the improvements to the
highway, and annexation of the adjacent property. He requested the reinstatement of a subcommittee to
review his request.

Peter Tscherneff addressed the Council regarding oil spills, the piano drop, human trafficking, and other
current events, and submitted a handout.

Doug Millar commented on local human trafficking and crimes involving children, and submitted a
handout.

Ken Coleman spoke in support of Mr. Karraker’s flagpole repair project and expressed concern about
whether groups using La Plaza Park are paying the proper fees.

Victor Gonzalez spoke in support of annexing the sites near Lowes in order to increase economic
development.

There being no one else wishing to speak, Mayor Coleman-Senghor closed Citizen Business.

Councilmembers briefly discussed comments made during Citizen Business.

DIRECTION ON FUTURE AGENDA ITEMS

None.

CONSENT CALENDAR

Moved by Councilmember Gilardi seconded by Vice Mayor Orchard and passed unanimously to adopt
items 2 through 5 and 7 through 9 on the Consent Calendar.
     City Council Minutes                       DRAFT
     June 23, 2010                              Subject to approval.
     Page 5 of 14


2.      AGREEMENT WITH SUSAN JONES FOR TEMPORARY EMPLOYMENT SERVICES
        (INTERIM POLICE CHIEF) (Administrative Services) (Action)

        This motion authorizes the City Manager to sign an agreement with Susan Jones for temporary
        employment services (Police Chief).

3.      SECOND AMENDMENT TO AGREEMENT TO WITH ROBERT STEWART:
        TEMPORARY EMPLOYMENT SERVICES (POLICE CHIEF) (Administrative Services)
        (Action)

        This motion authorizes the City Manager to sign the second amendment to the agreement with
        Robert Stewart for temporary employment services (Police Chief).

4.      ACCEPTANCE OF PUBLIC IMPROVEMENTS AND FILING THE NOTICE OF
        COMPLETION, BLANTON CYPRESS PARTNERS, LLC, 8910 CYPRESS AVENUE
        (Public Works/Engineering) (Action)

        Resolution No. 2010-24 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        COTATI ACCEPTING THE PUBLIC IMPROVEMENTS AND FILING THE NOTICE OF
        COMPLETION, 8910 CYPRESS AVENUE

        It is recommended that the City Council adopt a resolution accepting the public improvements and
        directing the City Clerk to forward the Notice of Completion the County Recorder for recordation.

5.      REDWOOD EMPIRE WEIGHTLIFTING CHAMPIONSHIPS EVENT IN LA PLAZA
        PARK (Police) (Action)

        This motion: 1) Approves the use of La Plaza Park and the Bandstand on Saturday, July 3, 2010
        between the hours of 6:30 AM and 8:00 PM for the Redwood Empire Weightlifting Championships;
        2) Authorizse amplified announcing and music in La Plaza Park between the hours of 9:00 AM and
        7:00 PM; 3) Authorizes selling and consumption of Alcoholic Beverages in La Plaza Park; and 4)
        Authorizes the temporary closure of four parking spaces to the rear of the Bandstand to serve as the
        warm-up area.

6.      ACCORDION FESTIVAL EVENT IN LA PLAZA PARK (Police) (Action)

        This item was heard immediately prior to item 13.

        Chief of Police Robert Stewart presented the staff report and responded to questions regarding fees
        paid by the organizers for their past events.

        Scott Goree, the applicant, expressed concern that he only recently received a copy of the staff
        report. He discussed the fees paid previously and spoke in support of having the fees waived.
City Council Minutes                       DRAFT
June 23, 2010                              Subject to approval.
Page 6 of 14

   City Manager Dianne Thompson commented on the staff report and indicated that the Council may
   continue the item or take action tonight.

   At Mayor Coleman-Senghor’s question, Mr. Goree indicated willingness to have the item continued.

   Mayor Coleman-Senghor noted that he would open public comment and then entertain a motion to
   continue the item.

   Mayor Coleman-Senghor opened the floor to public comment.

   Kathryn Wickstrom spoke in support of a compromise regarding the waiving of the fees.

   Greg Karraker spoke in support of the Accordion Festival and of compromising on the waiving of
   the fees.

   George Barich spoke in support of the event organizers paying all of the required fees.

   Ken Coleman of Cotati spoke in support of the event organizers paying all of the required fees.

   Eric Kirchmann discussed the history of the Accordion Festival.

   Linda Connor spoke in support of the Council waiving the soft costs for the event.

   Scott Goree indicated agreement with Linda Connor’s comments.

   There being no one else wishing to speak, Mayor Coleman-Senghor closed the public comment
   period.

   Discussion ensued regarding the waiving all or some of the fees and costs, park use fees, need for a
   policy relating to fee waivers, recent events where no fees were waived and the significance of the
   Accordion Festival to Cotati.

   Councilmember Gilardi expressed support for waiving the soft costs for the event.

   Staff responded to questions regarding park use policy and clarified the Accordion Festival event
   fees.

   Further discussion ensued relative to the fees paid by the Accordion Festival organizers for last
   year’s event and whether the item should be continued in order to allow the Council additional time
   to consider the proposed fees.

   Moved by Councilmember Gilardi to adopt a resolution approving the Accordion Festival with the
   fees charged to be consistent with the 2009 fees and to schedule discussion of a policy for evaluating
   fee waiver requests on a future agenda.

   Discussion ensued regarding remove the discussion of policy to evaluate fee waiver requests;
   Council concurred that this would be an item for the ‘direction on future agenda items’.
     City Council Minutes                      DRAFT
     June 23, 2010                              Subject to approval.
     Page 7 of 14

        Councilmember Gilardi amended the motion to approve item no. 7 (Accordion Festival) and have
        the fees be consistent with last year. Vice Mayor Orchard seconded the motion.

        Mayor Coleman-Senghor and Councilmember Mark Landman indicated support for a continuance
        in order to allow the Council additional time to consider the proposed fees.

        Councilmember Gilardi clarified the motion relating to fees: The applicant would pay ‘no parking’
        sign preparation fee and placement and street closure fee (“hard costs”) of $1718.29, $850 park use
        fee and $15 per vendor.

        Moved by Councilmember Gilardi seconded by Vice Mayor Orchard and passed 3-2-0
        (Councilmember Landman and Mayor Coleman-Senghor voting no) to adopt Resolution no. 2010-
        25 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
        AUTHORIZING TEMPORARY CLOSURE OF CERTAIN STREETS ON FRIDAY, AUGUST
        20, 2010, THROUGH MONDAY, AUGUST 23, 2010, TO FACILITATE THE ACCORDION
        FESTIVAL, with the following fees: ‘no parking’ sign preparation fee and placement and street
        closure fee (“hard costs”) of $1718.29, $850 park use fee and $15 per vendor.

        Mayor Coleman-Senghor called a recess at 9:29 p.m. and reconvened at 9:37 p.m.

        Item No. 13 was heard at this time.

7.      18TH ANNUAL KIDS DAY PARADE AND FESTIVAL (Police) (Action)

        Resolution No. 2010-26 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        COTATI AUTHORIZING THE TEMPORARY STREET CLOSURE OF CERTAIN STREETS TO
        FACILITATE THE 18th ANNUAL KIDS DAY PARADE AND FESTIVAL ON SATURDAY,
        JULY 17, 2010 BETWEEN THE HOURS OF 7:00 A.M. AND 5:00 P.M. AND, FURTHER,
        AUTHORIZE AMPLIFIED MUSIC IN LA PLAZA PARK DURING THE SAME TIME PERIOD

8.      SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE OUTSTANDING
        BACKFLOW TESTING CHARGES AND DIRECTING LEVYING OF ASSESSMENTS
        FOR FISCAL YEAR 2010-2011 (Administrative Services) (Action)

        Resolution No. 2010-27 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE OUTSTANDING
        BACKFLOW TESTING CHARGES AND DIRECTING LEVYING OF ASSESSMENTS FOR
        FISCAL YEAR 2010-11

9.      SETTING A PUBLIC HEARING DATE FOR ESTABLISHING LANDSCAPING AND
        LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATES (Administrative Services)
        (Action)

        Resolution No. 2010-28 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LANDSCAPING
        AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATE FOR VALPARAISO
City Council Minutes               DRAFT
June 23, 2010                      Subject to approval.
Page 8 of 14

   VISTA SUBDIVISION LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
   DISTRICT FOR FISCAL YEAR 2010-11

   Resolution No. 2010-29 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LANDSCAPING
   AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATE FOR QUAIL HOLLOW
   IV SUBDIVISION LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
   DISTRICT FOR FISCAL YEAR 2010-11

   Resolution No. 2010-30 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LANDSCAPING
   AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATE FOR SOMMERS
   SUBDIVISION LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
   FOR FISCAL YEAR 2010-11

   Resolution No. 2010-31 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LANDSCAPING
   AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATE FOR MACKLIN PHASE I
   SUBDIVISION LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
   FOR FISCAL YEAR 2010-11

   Resolution No. 2010-32 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LIGHTING
   MAINTENANCE ASSESSMENT DISTRICT RATE FOR SIERRA MEADOWS SUBDIVISION
   LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL
   YEAR 2010-11

   Resolution No. 2010-33 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LANDSCAPING
   AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATE FOR OAK KNOLL
   SUBDIVISION LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
   FOR FISCAL YEAR 2010-11

   Resolution No. 2010-34 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LANDSCAPING
   AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATE FOR GARDEN GATE
   SUBDIVISION LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
   FOR FISCAL YEAR 2010-11

   Resolution No. 2010-35 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LANDSCAPING
   AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATE FOR PARK MEADOWS
   SUBDIVISION LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
   FOR FISCAL YEAR 2010-11
 City Council Minutes                     DRAFT
 June 23, 2010                             Subject to approval.
 Page 9 of 14

    Resolution No. 2010-36 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
    COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LANDSCAPING
    AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATE FOR SANTERO WAY
    DEVELOPMENTS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
    DISTRICT FOR FISCAL YEAR 2010-11

    Resolution No. 2010-37 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
    COTATI SETTING A PUBLIC HEARING DATE FOR ESTABLISHING THE LANDSCAPING
    AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT RATE FOR ALTMAN ACRES
    SUBDIVISION LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
    FOR FISCAL YEAR 2010-11

REGULAR AGENDA

10. PERMANENT SIGNAGE – US 101 CENTRAL A PROJECT (Public Works/Engineering)
    (Action)

    City Engineer/Director of Public Works Damien O’Bid presented the staff report.

    Councilmembers commended staff for addressing this issue.

    Mayor Coleman-Senghor opened the floor to public comment.

    Eric Kirchmann commented on assorted names of cities on Caltrans’ signs and suggested various
    names to be listed on the proposed signs.

    There being no one else wishing to speak, Mayor Coleman-Senghor closed the public comment
    period.

    Moved by Councilmember Harvey seconded by Vice Mayor Orchard and passed unanimously to
    adopt Resolution No. 2010-38 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
    CITY OF COTATI DESIGNATING THE EXIT NAME FOR US ROUTE 101 (EXIT 481 B) AS
    “DOWNTOWN COTATI”

11. COTATI INTERMODAL FACILITY – AUTHORIZING FILING AN APPLICATION FOR
    TRANSPORTATION FOR LIVABLE COMMUNITIES (TLC) GRANT (Public
    Works/Engineering) (Action)

    City Engineer/Director of Public Works Damien O’Bid presented the staff report.

    Mayor Coleman-Senghor opened the floor to public comment.

    There being no one wishing to speak, Mayor Coleman-Senghor closed the public comment period.

    Moved by Vice Mayor Orchard seconded by Councilmember Gilardi and passed unanimously to
    adopt Resolution No. 2010-39 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
    CITY OF COTATI AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL
 City Council Minutes                       DRAFT
 June 23, 2010                                 Subject to approval.
 Page 10 of 14

    SURFACE TRANSPORTATION PROGRAM (STP) AND/OR CONGESTION MITIGATION
    AND AIR QUALITY IMPROVEMENT (CMAQ) FUNDING AND COMMITTING THE
    NECESSARY NON-FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE
    THE PROJECT

12. POSSIBLE VEHICLE LICENSE FEE ON NOVEMBER 2010 BALLOT (City Manager)
    (Action)

    City Manager presented the staff report.

    Councilmember Gilardi indicated that SEIU did a polling that indicated that the measure would fail
    unless pothole and street repair were included. The proposed motion has been amended to reflect
    funding for these items. Additionally, the sunset clause has been removed in order to provide
    permanent funding for transportation. She indicated support for the proposal as amended.

    Discussion ensued regarding the sunset clause, the cutting of transit funding streams and resulting
    reduction in public transit routes, and proposed distribution of pothole repair and safe routes to
    school funding.

    Councilmember Gilardi clarified that the pothole/street repair funding amendment is not ‘return to
    source’, to which the Council previously indicated opposition. And SCTA straw vote indicated
    support for the amendment as money would still be provided for transit.

    Mayor Coleman-Senghor opened the floor to public comment.

    Eric Kirchmann addressed the Council regarding his experience using public transit and noted that
    pothole repair and public transit shouldn’t be funded together.

    Dorothy Schwarzberg, asked how many vehicles were registered in the City of Cotati.

    George Barich addressed the Council regarding the cost of the proposed tax to the local economy.

    There being no one else wishing to speak, Mayor Coleman-Senghor closed the public comment
    period.

    Discussion ensued relative to placing items on the ballot for the citizens to decide. Councilmember
    Gilardi clarified that 60% of the funds would go to transit. Councilmembers concurred in support for
    the proposal with the amendment.

    Moved by Councilmember Mark Landman seconded by Vice Mayor Orchard and passed
    unanimously to direct Councilmember Gilardi to support the amended expenditure plan for the
    Sonoma County Transportation Authority’s (SCTA) proposal to pursue a $10 vehicle registration
    fee on the November 2010 ballot.

    Mayor Coleman-Senghor called a recess at 8:20 p.m., and reconvened at 8:29 p.m.

    Item no. 6 (Accordion Festival) was heard at this time.
 City Council Minutes                       DRAFT
 June 23, 2010                               Subject to approval.
 Page 11 of 14

PUBLIC HEARING

13. INTRODUCTION OF AN ORDINANCE THAT WOULD ESTABLISH REGULATIONS
    FOR MASSAGE PRACTITIONERS AND MASSAGE ESTABLISHMENTS (Community
    Development) (Action)

    Assistant Planner Misti Harris presented the staff report.

    Cotati Police Sergeant Dave Houts described the Police Department’s efforts in enforcing anti-
    prostitution laws and commended staff for their work towards this ordinance.

    Dwayne Cook, Immigration and Customs Enforcement (ICE) agent, described ICE’s efforts against
    human trafficking and assistance to the victims of trafficking.

    Sergeant Houts responded to questions regarding the patrons of massage parlors and how the
    proposed ordinance would assist enforcement efforts.

    Assistant Planner Harris responded to questions regarding the liability of the property owner under
    the proposed ordinance.

    Mayor Coleman-Senghor opened the public hearing.

    The following individuals spoke:

    Eric Kirchmann (supported)

    Bernadette Murray (supported)

    Telisa Chai (supported)

    Dorothy Schwartzberg (supported)

    George Barich (opposed)

    Claire Fetrow, owner of Hub Cyclery (did not indicated support or opposition; commented on her
    experience of having an illicit massage parlor as a business neighbor)

    Linda Ritter (discussed the wording of the ordinance relating to the scope of work of estheticians)

    There being no one else wishing to speak, Mayor Coleman-Senghor closed the public hearing.

    Discussion ensued relative to various sections of the proposed ordinance.

    Bernadette Murray and Dorothy Schwarzberg responded to concerns and questions regarding
    massage therapy and other licenses in relation to the proposed ordinance.

    Staff responded to questions regarding concerns of a local massage therapy business.
  City Council Minutes                       DRAFT
  June 23, 2010                              Subject to approval.
  Page 12 of 14

     Council commended staff for their work on the proposed ordinance and discussed changes to
     Section 9.20.230.D relating to the scope of work. Council concurred to delete the last two lines,
     starting with "provided that the massage...") and put a period after "licenses."

     Moved by Vice Mayor Orchard, seconded by Councilmember Gilardi and passed unanimously to
     introduce an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
     COTATI ADDING MUNICIPAL CODE CHAPTER 9.20, TITLED “MASSAGE THERAPY,
     MASSAGE BUSINESS OR ESTABLISHMENT” with amendments to Section 9.20.230.D: Delete
     last two lines, starting with "provided that the massage...") and put a period after "licenses."

ADJOURNMENT OF REGULAR MEETING OF THE CITY COUNCIL AND CALL TO ORDER
OF JOINT MEETING OF CITY COUNCIL AND COTATI COMMUNITY REDEVELOPMENT
AGENCY BOARD OF DIRECTORS

Mayor Coleman-Senghor adjourned the Regular meeting and called to order the joint meeting at 10:50
p.m.

CONSENT CALENDAR (JOINT MEETING)

Moved by Vice Mayor Orchard, seconded by Councilmember Susan Harvey and passed unanimously to
adopt items 14 and 15 on the Consent Calendar.

14. WARRANTS AND AUDITED CLAIMS (Administrative Services) (Action)

     This motion receives and files warrants and audited claims for May 27th, 2010 – June 9th, 2010.

15. ADOPTION OF A RESOLUTION ESTABLISHING AN APPROPRIATIONS LIMIT FOR
    FISCAL YEAR 2010-2011 PURSUANT TO ARTICLE XIII.B OF THE CALIFORNIA
    CONSTITUTION AS AMENDED BY PROPOSITION 111 (Administrative Services) (Action)

     Resolutions No. 2010- 40 and CRA-226 entitled: A RESOLUTION OF THE CITY COUNCIL OF
     THE CITY OF COTATI AND THE BOARD OF DIRECTORS OF THE COTATI
     REDEVELOPMENT AGENCY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
     FISCAL YEAR 2010 - 2011 PURSUANT TO ARTICLE XIII.B OF THE CALIFORNIA
     CONSTITUTION, AS AMENDED BY PROPOSITION 111

     It is recommended that the City Council / Agency Board of Directors adopt a resolution establishing
     an appropriations limit for Fiscal Year 2010-11 pursuant to Article XIII.B of the California
     Constitution as amended by Proposition 111.

     Item No. 17 was heard at this time.
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 June 23, 2010                               Subject to approval.
 Page 13 of 14


REGULAR AGENDA (JOINT MEETING)

16. ADOPTION OF RESOLUTIONS APPROVING THE FISCAL YEAR 2010-2011 BUDGET
    (Administrative Services) (Action)

    Director of Adminstrative Services Jone Hayes presented the staff report.

    Mayor Coleman-Senghor opened the floor to public comment.

    George Barich spoke in opposition to the proposed budget.

    Ken Coleman spoke in opposition to the proposed budget.

    There being no one else wishing to speak, Mayor Coleman-Senghor closed the public comment
    period.

    Staff and Council clarified that no Police officer positions are being cut and that funding for reserve
    officers has been increased. The budget will come back to Council for amendments after labor
    negotiations.

    Staff responded to questions regarding projected revenues.

    Moved by Vice Mayor Orchard, seconded by Councilmember Gilardi and passed unanimously to
    adopt Resolutions No. 2010-41 and CRA-227 entitled: A RESOLUTION OF THE CITY
    COUNCIL OF THE CITY OF COTATI AND THE BOARD OF DIRECTORS OF THE COTATI
    REDEVELOPMENT AGENCY ADOPTING THE FISCAL YEAR 2010-11 BUDGET

17. AGREEMENTS WITH HOUSING LAND TRUST REGARDING PROPERTY ON EAST
    COTATI AVENUE KNOWN AS RYAN LANE (Community Development) (Action)

    Assistant to the City Manager/Acting Community Development Director Marsha Sue Lustig
    presented the staff report.

    Dev Goetchus of the Housing Land Trust described the land trust process of providing permanent
    affordable home ownership and submitted written correspondence from Patrick Carter.

    Mayor Coleman-Senghor opened the floor to public comment.

    There being no one wishing to speak, Mayor Coleman-Senghor closed the public comment period.

    Moved by Councilmember Landman. seconded by Councilmember Gilardi and passed unanimously
    to adopt Resolution No. CRA-228 entitled: RESOLUTION OF THE COTATI COMMUNITY
    REDEVELOPMENT AGENCY APPROVING AN EXCLUSIVE NEGOTIATING RIGHTS
    AGREEMENT WITH THE HOUSING LAND TRUST OF SONOMA COUNTY REGARDING
    THE DISPOSITION AND DEVELOPMENT OF PROPERTY LOCATED ON EAST COTATI
    AVENUE AND AUTHORIZING THE EXECUTION THEREOF; and
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   June 23, 2010                            Subject to approval.
   Page 14 of 14

      Resolution No. CRA-229 entitled: RESOLUTION OF THE COTATI COMMUNITY
      REDEVELOPMENT AGENCY APPROVING A PREDEVELOPMENT GRANT AGREEMENT
      AND ASSIGNMENT AGREEMENT WITH THE HOUSING LAND TRUST OF SONOMA
      COUNTY REGARDING PROPERTY LOCATED ON EAST COTATI AVENUE AND
      AUTHORIZING THE EXECUTION THEREOF

      Item 16 was heard at this time.

 ADJOURNMENT OF JOINT MEETING; RECONVENING OF REGULAR MEETING OF CITY
 COUNCIL

 Mayor Coleman-Senghor adjourned the Joint meeting and called to order the Regular meeting at 11:23
 p.m.

 CORRESPONDENCE AND PENDING LEGISLATION (Discussion and possible Action)

 None.

 CITY COUNCIL REPORTS (Discussion)

 None.

 ADJOURNMENT

 Mayor Coleman-Senghor adjourned the meeting at 11:24 p.m.


Respectfully Submitted,


________________________________
Tamara Taylor, Deputy City Clerk
                                     DRAFT
                                     Subject to approval.




                                   MINUTES
    REGULAR CITY COUNCIL MEETING, JOINT MEETING OF THE CITY COUNCIL
         AND THE BOARD OF DIRECTORS OF THE COTATI COMMUNITY
                           REDEVELOPMENT AGENCY
             WEDNESDAY JULY 14, 2010, 6:00 PM CLOSED SESSION
                          7:00 PM REGULAR MEETING
               City Council Chambers, City Hall, 201 W. Sierra Avenue

6:00 PM CLOSED SESSION CALL TO ORDER (CITY COUNCIL CHAMBERS)

Mayor Coleman-Senghor called the meeting to order at 6:00 p.m. in the City Council chamber and
opened the floor to public comment. There being no one wishing to speak, he adjourned to closed session
in the City Manager’s office.

ADJOURNMENT TO CLOSED SESSION (CITY MANAGER’S OFFICE)

    CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant
    Exposure to Litigation pursuant to Government Code Section 54956.9(b) (one potential case).

    CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
    City Designated Representative: City Manager or designee
    Employee Organizations: (1) Cotati Employees Association (2) Cotati Police Officers Management
    Association (3) Cotati Police Officers Association

7:00 PM REGULAR SESSION

CALL TO ORDER OF REGULAR CITY COUNCIL MEETING

Mayor Coleman-Senghor called the meeting to order at 7:06 p.m. He indicated that there was no report
out of the closed session and that one litigation item had been postponed.

ROLL CALL

Councilmembers present: Councilmembers Gilardi, Harvey, Landman, Vice Mayor Orchard and Mayor
Coleman-Senghor.

Staff present: City Attorney Mike Gogna, Administrative Services Director Jone Hayes, Police Chief
Susan Jones, Acting Community Development Director/Assistant to the City Manager Marsha Sue
Lustig, City Engineer/Director of Public Works Damien O’Bid, Deputy City Clerk Tamara Taylor, City
Manager Dianne Thompson

PLEDGE OF ALLEGIANCE

Linda Simon led the pledge of allegiance.
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     Page 2 of 9


1.      APPROVAL OF MINUTES OF JUNE 23, 2010 REGULAR MEETING AND NOTICE OF
        WAIVING OF READING OF ALL RESOLUTIONS AND ORDINANCES INTRODUCED
        AND/OR ADOPTED UNDER THIS AGENDA (Action)

        Moved by Vice Mayor Orchard, seconded by Councilmember Susan Harvey to approve the minutes
        of the June 23, 2010 Regular meeting as submitted.

        Mayor Coleman-Senghor asked that the minutes be amended to include a transcription of the
        exchange between the City Council and the City Attorney at the beginning of Citizen Business.

        Council discussed the proposed revision, conferred with City Attorney Mike Gogna and reached
        concurrence to amend the minutes and continue approval of same to the next meeting (August 11,
        2010).

        Councilmember Susan Harvey and Vice Mayor Orchard withdrew the second and the motion.

        Moved by Vice Mayor Orchard, seconded by Councilmember Susan Harvey and passed
        unanimously, to revise the minutes of the June 23, 2010 minutes to include a transcription of the
        exchange between the City Council and the City Attorney at the beginning of Citizen Business and
        to bring the revised minutes back to Council for approval at the next meeting (August 11, 2010).

ANNOUNCEMENTS

        The Cotati Historical Society Museum is open on Saturdays 1:00 - 4:00 p.m. the second Wednesday
        of the month 5:30 – 8:00 p.m.

        The Cotati Chamber of Commerce presents the Cotati Farmers Market, which takes place every
        Thursday through September 16 from 4:30 to 7:30 p.m. in La Plaza Park.

        There will be a free Movie in the Park event on Friday July 16 with a showing of the family film
        ‘Space Jam’ starting just after sunset in La Plaza park.

        Cotati’s 18th Annual Kids Day Parade and Festival is taking place on Saturday July 17. The parade
        starts at 10:00 a.m. and the fun continues at the festival in La Plaza park.

        Blood Bank of the Redwoods is hosting a blood drive in Cotati at Oliver’s Market, located at 546 E
        Cotati Ave., on Saturday, July 24 from 4:30 p.m. to 7:30 p.m.

CITY MANAGER’S REPORT

City Manager Dianne Thompson reported the following:

              •   The City has received approval of a $1.1 Million dollar grant to revitalize the downtown
                  Old Redwood Highway corridor between Highway 116 and La Plaza Park

              •   The City has recently learned that it will receive a $1.5 million grant from the Metropolitan
                  Transportation Commission (MTC) to construct a plaza and depot building at the future
  City Council Minutes
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                                      Subject to approval.
  Page 3 of 9

               SMART station at East Cotati Avenue and Santero Way. Thanks to City Engineer /
               Director of Public Works Damien O’Bid and Acting Community Development Director
               Marsha Sue Lustig for their efforts to obtain these grants.

           •   A Rock for No Rock concert was presented last Sunday by Frank Hayhurst of Zone Music
               to raise awareness of the Roblar Road Quarry issue. Staff is following the Roblar Road
               Quarry project as it moves through the Sonoma County approval process.

Councilmembers commented briefly on the City Manager’s report.

City Engineer/Director of Public Works Damien O’Bid updated the Council on the Highway 101
widening project.

City Manager Dianne Thompson introduced Susan Jones, the City’s new Interim Police Chief.

APPROVAL OF FINAL AGENDA

City Manager Dianne Thompson announced that a closed session item regarding anticipated litigation has
been cancelled and will be rescheduled.

Moved by Councilmember Harvey, seconded by Councilmember Orchard and passed unanimously to
approve the final agenda.

CITIZEN BUSINESS

Mayor Coleman-Senghor read aloud this statement from the agenda: Any citizen wishing to speak to the
Council on any Consent Calendar item or any item not listed on the agenda may do so at this time.
Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not
listed on the agenda during this period. Please keep comments to 3 minutes or as the Mayor directs. Speak
into the microphone from the podium.

Bill Dressbach spoke in opposition to item 2 (Massage Therapy ordinance).

George Barich requested that items 2, 3 and 4 be pulled from the Consent Calendar and addressed the
Council regarding comments made at the its June 23, 2010 meeting.

Joyce Garcia discussed comments made at previous meetings and asked the Mayor why he refuses to
participate in the pledge of allegiance to the flag.

Oso Koenigshofer commented on correspondence that he sent to the Council regarding the City’s
processing of his development project.

Kathryn Wickstrom discussed her and her husband’s recent experience with the Cotati Police and
indicated support for the Police Department and concern that the recently adopted budget does not
provide for adequately Police Staff.

Craig C. spoke in opposition to item 2 (Massage Therapy ordinance).
  City Council Minutes
  July 14, 2010
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  Page 4 of 9

Greg Karraker expressed his concern about the lack of repairs to the flagpole located across from the Fire
Station and announced the formation of the Downtown Cotati Flagpole Organization. He submitted an
information flyer. He discussed the possibility of filing a complaint with the District Attorney regarding
Council ethics and asked about donations to the City from the recall proponents.

Michael Ceremello discussed the wording of, and the Council’s compliance with, the Brown Act.

Ken Coleman thanked the Police Department for protecting his house while he was out of town and
expressed support for the Department and concerns about the budget. He asked about his previously
submitted ethics complaint.

Eric Kirchmann discussed his concerns regarding the agenda and asked when public comment on agenda
items may be made.

Joan Simon addressed the Council regarding comments made during Citizen Business and the City
Manager’s report and discussed the flagpole repair organization, concerns regarding noise from a local
bar that is bothering residents, and FPPC investigation on George Barich.

Edith Goss addressed the Council regarding problems with noise and brawling at a local bar near her
home and her experience with the Police Department in trying to correct them. She requested that the
Council add more police officers.

Emily Straub indicated support for appointing one of the Cotati Police officers as Police Chief.

Bernadette Murray spoke in support of item no. 2 (Massage Therapy ordinance).

Mayor Coleman-Senghor closed Citizen Business.

Councilmembers commented briefly on statements made during Citizen Business.

DIRECTION ON FUTURE AGENDA ITEMS

Councilmembers discussed potential future agenda items, including a presentation by the Rancho Adobe
Fire District, discussion of Council protocol, a presentation by the local economic development group,
and discussion of a park use fee waiver request policy and the proposed Roblar Road Quarry.

City Manager Thompson and Administrative Services Director Hayes clarified that the Council protocol
item would consist of discussion regarding the formation of a subcommittee, that park use fee waiver
request policy would be evaluated during the upcoming event policy discussion and that staff is
monitoring the Roblar Road Quarry issue and will bring and informational item back to Council in
August.

Moved by Councilmember Gilardi, seconded by Councilmember Harvey and passed unanimously to
schedule discussion of the formation of a subcommittee on Council protocol on a future agenda.

Moved by Councilmember Gilardi, seconded by Councilmember Harvey and passed unanimously to
schedule a presentation by the local economic development group on a future agenda.
     City Council Minutes
     July 14, 2010
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     Page 5 of 9

City Attorney Mike Gogna indicated that consensus of Council is adequate for direction of future agenda
items.

Council clarified that they were not deliberating on these items but rather were taking action to schedule
them on a future agenda. Council agreed to indicate concurrence rather than vote to place items on a
future agenda.

Council concurred to schedule a presentation by the Rancho Adobe Fire District on a future agenda.

CONSENT CALENDAR

Moved by Councilmember Orchard, seconded by Councilmember Landman and passed unanimously to
adopt items 2 through 4 on the Consent Calendar.

2.      ADOPTON OF AN ORDINANCE ESTABLISHING REGULATIONS FOR MASSAGE
        PRACTITIONERS AND MASSAGE ESTABLISHMENTS (Community Development)
        (Action)

        Ordinance Number 827 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
        COTATI ADDING MUNICIPAL CODE CHAPTER 9.20, TITLED “MASSAGE THERAPY,
        MASSAGE BUSINESS OR ESTABLISHMENT.”

3.      ADOPTION OF A RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION AND
        REQUESTING THE SONOMA COUNTY BOARD OF SUPERVISORS TO
        CONSOLIDATE THE ELECTION (City Manager) (Action)

        Resolution No. 2010-42 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        COTATI, CALIFORNIA, CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN
        THE CITY OF COTATI ON NOVEMBER 2, 2010 AND REQUESTING THE BOARD OF
        SUPERVISORS OF THE COUNTY OF SONOMA TO CONSOLIDATE THE ELECTION WITH
        THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE, PURSUANT TO
        SECTION 10403 OF THE ELECTIONS CODE.

4.      APPROPRIATION OF $10,000 FROM THE SEWER OPERATING FUND BALANCE FOR
        SEWER LIFT STATION AND LATERAL REPAIRS (Public Works/Engineering) (Action)

        Motion appropriating $10,000 from the Sewer Operating Fund balance for sewer lift station and
        lateral repairs.

REGULAR AGENDA

5.      SONOMA COUNTY WATER AGENCY (SCWA) WATER SUPPLY STRATEGY ACTION
        PLAN (Public Works/Engineering) (Action)

        City Engineer/Director of Public Works Damien O’Bid presented the staff report and responded to
        questions from the Council regarding carbon-free water, water loss percentages and program costs.
     City Council Minutes
     July 14, 2010
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     Page 6 of 9

        Mayor Coleman-Senghor opened the floor to public comment.

        George Barich asked whether the City Council members are encouraged to ask questions about
        agenda items before the Council meeting, as he was when he was on the Council.

        There being no one else wishing to speak, Mayor Coleman-Senghor closed the public comment
        period.

        Discussion ensued relative to the Council’s understanding of the plan, noting that they are well
        informed and commended staff for their work on this item.

        Moved by Councilmember Landman, seconded by Councilmember Harvey and passed unanimously
        to authorize the Mayor to sign a final letter on behalf of the City, and direct staff to implement water
        supply pilot programs.

6.      CODE OF ETHICS CITY COUNCIL POLICY SUBCOMMITTEE (City Manager) (Action)

        City Manager Dianne Thompson presented the staff report and responded to questions regarding
        ethics complaints.

        Mayor Coleman-Senghor opened the floor to public comment.

        The following individuals spoke:

        Greg Karraker (opposed to Code of Ethics)

        George Barich spoke (opposed to proposed subcommittee)

        Ken Coleman (opposed to Code of Ethics)

        Michael Ceremello (opposed to proposed subcommittee)

        Eduardo Diaz (supported the proposed subcommittee; volunteered to assist)

        There being no one else wishing to speak, Mayor Coleman-Senghor closed the public comment
        period.

        Discussion ensued relative to the differences between this proposed Code of Ethics City Council
        subcommittee, which is to review allegations of violations of the City Council Code of Ethics Policy
        and report back to the Council, and the possible future City Council Protocol subcommittee, which
        purpose would be to work with staff on development of a council protocol document that would
        incorporate and perhaps rework the ethics policy.

        Council concurred in support of the subcommittee and discussed membership and procedure for
        making a motion.

        Moved by Councilmember Gilardi, seconded by Vice Mayor Orchard and passed unanimously to
        establishing a subcommittee to review allegations of violations of the Code of Ethics City Council
        Policy and to appoint Vice Mayor Orchard and Councilmember Susan Harvey to its membership,
     City Council Minutes
     July 14, 2010
                                        DRAFT
                                         Subject to approval.
     Page 7 of 9

        with Councilmember Mark Landman as alternate member.

PUBLIC HEARING

7.      ESTABLISHING THE OUTSTANDING BACKFLOW TESTING CHARGES AND
        LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2010-2011 (Administrative Services)
        (Action)

        Administrative Services Director Jone Hayes presented the staff report.

        Mayor Coleman-Senghor opened public hearing.

        There being no one wishing to speak, Mayor Coleman-Senghor closed the public hearing.

        Moved by Councilmember Orchard, seconded by Councilmember Susan Harvey and passed
        unanimously to adopt Resolution No. 2010-43 entitled: A RESOLUTION OF THE CITY
        COUNCIL OF THE CITY OF COTATI ORDERING THE ESTABLISHMENT OF
        OUTSTANDING BACKFLOW TESTING CHARGES AND DIRECTING LEVYING OF
        ASSESSMENTS FOR FISCAL YEAR 2010-11.

8.      ACCEPTING AND APPROVING THE ENGINEER’S REPORTS FOR FISCAL YEAR 2009-
        2010 FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS,
        AND ORDERING THE ESTABLISHMENT OF THE ASSESSMENT RATES (Administrative
        Services) (Action)

        Administrative Services Director Jone Hayes presented the staff report and responded to questions
        regarding correspondence received regarding this item; staff confirmed that the bush referred to in
        the correspondence has been removed and that no other protests have been received.

        Mayor Coleman-Senghor opened the floor to public comment.

        Moved by Vice Mayor Orchard, seconded by Councilmember Susan Harvey and passed
        unanimously to adopt:

        Resolution No. 2010-44 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
        2010-11 FOR THE VALPARAISO VISTA SUBDIVISION MAINTENANCE ASSESSMENT
        DISTRICT, AND ORDERING THE ESTABLISHMENT OF THE ASSESSMENT RATES, AS
        STATED THEREIN; and

        Resolution No. 2010-45 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
        2010-11 FOR THE QUAIL HOLLOW IV SUBDIVISION MAINTENANCE ASSESSMENT
        DISTRICT, AND ORDERING THE ESTABLISHMENT OF THE ASSESSMENT RATES, AS
        STATED THEREIN; and

        Resolution No. 2010-46 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
        COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
City Council Minutes
July 14, 2010
                             DRAFT
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Page 8 of 9

   2010-11 FOR THE SOMMERS SUBDIVISION MAINTENANCE ASSESSMENT DISTRICT,
   AND ORDERING THE ESTABLISHMENT OF THE ASSESSMENT RATES, AS STATED
   THEREIN; and

   Resolution No. 2010-47 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
   2010-11 FOR THE MACKLIN PHASE I SUBDIVISION MAINTENANCE ASSESSMENT
   DISTRICT, AND ORDERING THE ESTABLISHMENT OF THE ASSESSMENT RATES, AS
   STATED THEREIN; and

   Resolution No. 2010-48 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
   2010-11 FOR THE SIERRA MEADOWS SUBDIVISION MAINTENANCE ASSESSMENT
   DISTRICT, AND ORDERING THE ESTABLISHMENT OF THE ASSESSMENT RATES, AS
   STATED THEREIN; and

   Resolution No. 2010-49 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
   2010-11 FOR THE OAK KNOLL SUBDIVISION MAINTENANCE ASSESSMENT DISTRICT,
   AND ORDERING THE ESTABLISHMENT OF THE ASSESSMENT RATES, AS STATED
   THEREIN; and

   Resolution No. 2010-50 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
   2010-11 FOR THE GARDEN GATE SUBDIVISION MAINTENANCE ASSESSMENT
   DISTRICT, AND ORDERING THE ESTABLISHMENT OF THE ASSESSMENT RATES, AS
   STATED THEREIN

   Resolution No. 2010-51 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
   2010-11 FOR THE PARK MEADOWS SUBDIVISION MAINTENANCE ASSESSMENT
   DISTRICT, AND ORDERING THE ESTABLISHMENT OF THE ASSESSMENT RATES, AS
   STATED THEREIN; and

   Resolution No. 2010-52 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
   2010-11 FOR THE SANTERO WAY DEVELOPMENTS LANDSCAPING AND LIGHTING
   MAINTENANCE ASSESSMENT DISTRICT, AND ORDERING THE ESTABLISHMENT OF
   THE ASSESSMENT RATES, AS STATED THEREIN; and

   Resolution No. 2010-53 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
   COTATI ACCEPTING AND APPROVING THE ENGINEER’S REPORT FOR FISCAL YEAR
   2010-11 FOR THE ALTMAN ACRES SUBDIVISION LANDSCAPING AND LIGHTING
   MAINTENANCE ASSESSMENT DISTRICT, AND ORDERING THE ESTABLISHMENT OF
   THE ASSESSMENT RATES, AS STATED THEREIN.
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ADJOURNMENT OF REGULAR MEETING OF THE CITY COUNCIL AND CALL TO ORDER
OF JOINT MEETING OF CITY COUNCIL AND COTATI COMMUNITY REDEVELOPMENT
AGENCY BOARD OF DIRECTORS

Mayor Coleman-Senghor adjourned the Regular meeting and called to order the joint meeting at 9:20 p.m.

CONSENT CALENDAR (JOINT MEETING)

Moved by Vice Mayor Orchard, seconded by Councilmember Gilardi and passed unanimously to adopt
item 9 on the Consent Calendar.

9.      WARRANTS AND AUDITED CLAIMS (Administrative Services) (Action)

        This motion receives and files warrants and audited claims for June 10th, 2010 – June 23rd, 2010.

ADJOURNMENT OF JOINT MEETING; RECONVENING OF REGULAR MEETING OF CITY
COUNCIL

Mayor Coleman-Senghor adjourned the Joint meeting and called to order the Regular meeting at 6:20
p.m.

CORRESPONDENCE AND PENDING LEGISLATION (Discussion and possible Action)

Councilmembers briefly discussed a letter that they all received which was not signed and had no return
address.

CITY COUNCIL REPORTS (Discussion)

Councilmembers reported on recent and upcoming activities, including reports from meetings attended at
City expense.

ADJOURNMENT

Mayor Coleman-Senghor adjourned the meeting at 9:28 p.m.

Respectfully Submitted,



______________________________
Tamara Taylor, Deputy City Clerk
                                                                                      Item No. 2


                                 City Council Agenda
                                   Regular Agenda
Subject:       Appointment of a Voting Delegate and Alternate to the 2010 League of California
               Cities Annual Conference

Date:          August 11, 2010

Written by: Dianne Thompson, City Manager

Recommendation
It is recommended that the City Council adopt a motion appointing a Voting Delegate and
Alternate to the 2009 League of California Cities Annual Conference and authorize the Mayor to
sign the 2010 Annual Conference Voting Delegate Form


Background

In preparation for its Annual Conference each year, the League of California Cities requests that
member cities appoint a voting delegate who will vote on conference resolutions at the Annual
Business meeting. An alternate should also be appointed. The voting delegate and alternate are
customarily City Councilmembers who are planning to attend the Annual Conference. League
bylaws also provide that the City Council may appoint a City official to serve as voting delegate
or alternate if there will not be a sufficient number of Councilmembers in attendance.

This year’s conference will be held in San Jose on September 15-17 in San Diego. The Annual
Business Meeting is scheduled for 3:00 p.m. on Friday September 17th.

Analysis/Discussion

None.

Financial Considerations

None.

Environmental Issues

None.

Attachment:
League of California Cities’ memorandum dated June 4, 2010, including 2010 Annual
Conference Voting Delegate Form

DT:tlt
                                                                                           Item No. 3

                                    City Council Agenda
                                      Regular Agenda

Subject:       City Council Protocol Policy Subcommittee

Date:          August 11, 2010

Written by: Dianne Thompson, City Manager

Recommendation

It is recommended that the City Council adopt a motion establishing a subcommittee to provide
recommendations for a City Council Protocol Policy.


Background

On July 14, 2010 the City Council concurred to schedule the formation of a subcommittee to provide
recommendations for a City Council Protocol Policy.

Analysis/Discussion

The City Council has expressed a desire to establish a subcommittee to address protocol to govern the
procedures to be followed for City Council business.

Financial Considerations

None.

Environmental Issues

N/A

Attachments:

None.




DT:tt
                                                                                       Item No. 4


                                   City Council Agenda
                                    Regular Calendar

Subject:        Cooperative Agreement with the Sonoma County Transportation Authority to
                Perform Road Rehabilitation and Appropriation of Funds in an Amount not to
                Exceed $400,000

Date:           August 11, 2010

Written by: Damien O’Bid, City Engineer / Director of Public Works

Recommendation

It is recommended that the Council adopt a motion to authorize the City Manager to execute a
cooperative agreement with the Sonoma County Transportation Authority to fund road
rehabilitation and appropriate funds in an amount not to exceed $400,000 from the
Transportation Development Fund (Fund 22).


Background

In 2008, the City of Cotati (City) received $400,000 in Proposition 1B funds from the State of
California. Proposition 1B funds are reserved for road rehabilitation, and must be spent within 3
years of receipt (2010).

In 2010, Caltrans began construction of the Central A freeway widening project, from Rohnert
Park Expressway to Pepper Road. The Central A project is funded through a variety of sources,
including local Measure M funds administered by the Sonoma County Transportation Authority
(SCTA). SCTA provides this funding to Caltrans through a cooperative agreement between
Caltrans and SCTA.

During staff discussions with Caltrans officials, Caltrans offered to incorporate potential City
work within their project limits at the Central A bid unit prices. Due to the quantity of work in
the Central A project, the bid unit prices are significantly lower than recent City projects.
However, Caltrans is unable to receive funding from the City directly for this work. To
accommodate this request, the SCTA offered to draft a cooperative agreement between the City
and SCTA and amend their cooperative agreement with Caltrans to fund the City-requested
improvements.

The City-requested improvements include rebuilding Redwood Drive between Helman Lane and
the Laguna de Santa Rosa; repair and repaving of Commerce Boulevard between Wilford Lane



Y:\DATA\GROUP\EVERYONE\CCREPORTS\2010\20100811\SCTA Coop.sr.doc
City Council Staff Report
Cooperative Agreement with the Sonoma County Transportation Authority to Perform Road Rehabilitation and Appropriation of Necessary
Funds
August 11, 2010



and the City limits; and repair and repaving of Old Redwood Highway between Highway 116
and Commerce Boulevard.

Analysis/Discussion

Staff analyzed the bid item prices for the Central A project, and compared them to the recent
road rehabilitation project on Old Redwood Highway between Myrtle and Eucalyptus. Based on
the unit prices for these projects, using the Central A bid unit prices would result in a
construction saving of approximately 49% ($345,000 versus $710,000). In addition, by
incorporating this work into the Central A project, the City will realize a variety of other savings:

     1. The proposed City work is similar in nature to the Central A work, and is within the
        Central A project limits, so the City work is covered by the Central A environmental
        clearances. This saves approximately $25,000.

     2. The City can extend the Caltrans road rehabilitation work, and therefore does not have to
        create a separate design. City staff is designing the road section for Redwood Drive. By
        eliminating separate design services, it saves the approximately $50,000.

     3. The City does not need to separately bid or administer the work. In addition, Caltrans has
        offered to inspect the construction, saving the City approximately $100,000.

The proposed work on Redwood Drive is intended to fix the currently inadequate road structural
section. The proposed work on Commerce and Old Redwood Highway is intended to match up
to the end of Caltrans work and provide a completely restored roadway around the Caltrans
work.

Financial Considerations

The proposed work requires appropriation of $400,000 from the Transportation Development
Fund (Fund 22). This is Proposition 1B funding, is required to be spent on road construction,
and must be spent by 2010. G/L account number 022-0100-71082.R005.


Environmental Issues

All work is of a similar nature to the Caltrans work, is within the Central A project limits, and is
therefore covered under the Central A environmental documents.



Attachments:

1. Cooperative Agreement with the Sonoma County Transportation Authority



                                                             Page 2 of 2
                                                                    Agreement Number SCTA111008


                  COOPERATIVE FUNDING AGREEMENT
                             BETWEEN
           THE SONOMA COUNTY TRANSPORTATION AUTHORITY
                               AND
                          CITY OF COTATI

        This Agreement is made and entered into as of __________________________,
2010 (“Effective Date”) by and between the City of Cotati hereinafter referred to as
“CITY” and the SONOMA COUNTY TRANSPORTATION AUTHORITY hereinafter
referred to as “AUTHORITY.”

                                       RECITALS

       1. AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement
to enable CITY funded improvements at three locations to be included in the SCTA
sponsored Highway 101 Central-A HOV Lane Project, from north of Pepper Road to
Rohnert Park Expressway; hereinafter referred to as "CENTRAL-A PROJECT".

      2. SCTA has entered into Contract SCTA09014 (Caltrans Cooperative Agreement
4-2177) to provide funding for Caltrans to implement the construction phase of the
CENTRAL-A PROJECT;

        3. CITY has requested, and Caltrans has agreed to extend the paving limits of the
CENTRAL-A PROJECT and make other miscellaneous improvements at three separate
locations, contingent that local funding is provided;

     4. Caltrans has requested that funding for additional work be provided as an
amendment to existing Contract SCTA09014 between Caltrans and SCTA;

      5. CITY has secured and is committed to make available up to $400,000 of the
CITY's share of Proposition 1B funding to provide for CITY requested improvements.
The work requested by the CITY is described and attached hereto as EXHIBIT A, City
Requested and Funded Improvements (Project);

       NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY
do hereby agree as follows:

                                      SECTION I

CITY AGREES:

       1. Total CITY Contribution. To provide up to $400,000 of the CITY’s share of
Proposition 1B funding towards the Project capital construction costs. The cost of CITY’s
own administration, independent quality assurance, oversight, and project management is
not considered a CENTRAL-A PROJECT cost that is covered by this agreement.




                                                                                       Page 1 of 7
                                                                      Agreement Number SCTA111008


        2. Coordination and Prioritization of Work. To work with SCTA and Caltrans to
draft a Contract Change Order (CCO) needed to add the work specified in EXHIBIT A
into the CENTRAL-A PROJECT. CITY will provide its own quality assurance and
cost controls. CITY will prioritize work with Caltrans, to keep within budget.

       3. Payment. To make payment of $400,000 within 30-calendar days of receipt of
invoice for payment.

       4. Compliance with Laws. With regard to administering and completing CITY’s
responsibilities for the Project, CITY shall at all times comply with all applicable laws of
the United States, the State of California, the County, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory agencies,
now in force and as they may be enacted, issued, or amended during the term of this
Agreement.

    5. Notice of Audit. To provide timely notice to AUTHORITY if an audit of
AUTHORITY records is to be conducted
                                  SECTION II

       AUTHORITY AGREES:

       1. Caltrans Cooperative Agreement Amendment. To amend Contract SCTA09014
(Caltrans Coop 4-2177) to provide up to $400,000 for CITY requested improvements
(EXHIBIT A) .

       2. Payment. To invoice CITY for $400,000 within 30 calendar days of the
execution date of this agreement as full payment. AUTHORITY shall provide CITY an
opportunity to review all Project Pay Estimates by Caltrans prior to payment.

        3. Reconcile Construction Payments. After receipt of final Construction
accounting from Caltrans, AUTHORITY will refund as necessary in order to satisfy the
obligation of this agreement.

        4. Compliance with Laws. With regard to administering and completing the
AUTHORITY’s responsibilities for the Project, AUTHORITY shall at all times comply
with all applicable laws of the United States, the State of California, the County, and with
all applicable regulations promulgated by federal, state, regional, or local administrative
and regulatory agencies, now in force and as they may be enacted, issued, or amended
during the term of this Agreement.

       6. Records. To allow CITY to audit all expenditures relating to the Project funded
through this Agreement. For the duration of the Project, and for five (5) years following
completion of the Project, or earlier discharge of the Agreement, AUTHORITY shall
make available to CITY all records relating to expenses incurred in performance of this
Agreement.
                                        SECTION III



                                                                                          Page 2 of 7
                                                                      Agreement Number SCTA111008




        IT IS MUTUALLY AGREED:

        1. Funding Needs. CITY will be notified in advance if additional funds beyond
those identified in the Section I are necessary to complete the Project. If additional funds
are necessary, CITY will be responsible to identify and secure new, increased, or
replacement funding. If funding cannot be identified to complete the Project, the City can
reduce the scope of work; or, this agreement can be discharged by either party as provided
in Paragraph 3.

       2. Term. This Agreement will remain in effect until discharged as provided in
Paragraph 3 of this Section III.

        3. Discharge. This Agreement shall be subject to discharge as follows:

        a. This Agreement may be canceled by a party for breach of any obligation,
covenant or condition hereof by the other party, upon notice to the breaching party. With
respect to any breach which is reasonably capable of being cured, the breaching party shall
have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching
party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to
exceed sixty (60) days from the date of the initial notice, unless a further extension is
granted by the non-breaching party. On cancellation, the non-breaching party retains the
same rights as a party exercising its right to terminate under the provisions of paragraph
3(b), except that the canceling party also retains any remedy for breach of the whole
contract or any unperformed balance.

        b. By mutual consent of both parties, this Agreement may be terminated at any
time.

       4. Indemnity. Neither CITY nor any officer or employee thereof is responsible for
any injury, damage or liability occurring by reason of anything done or omitted to be done
by AUTHORITY under or in connection with any work, authority, or jurisdiction
conferred upon AUTHORITY or arising under this agreement.




                                                                                          Page 3 of 7
                                                                        Agreement Number SCTA111008


It is understood and agreed that AUTHORITY will fully defend, indemnify, and save
harmless CITY and all of its officers and employees from all claims, suits, or actions of
every name, kind, and description brought forth under, but not limited to, tortious,
contractual, inverse condemnation, or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by AUTHORITY under this agreement.

Neither AUTHORITY nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority, or jurisdiction conferred upon CITY or
arising under this agreement.

It is understood and agreed that CITY will fully defend, indemnify, and save harmless
AUTHORITY and all of its officers and employees from all claims, suits, or actions of
every name, kind, and description brought forth under, but not limited to, tortious,
contractual, inverse condemnation, or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by CITY under this agreement.

        5. Notices. Any notice which may be required under this Agreement shall be in
writing, shall be effective when received, and shall be given by personal service, or by
certified or registered mail, return receipt requested, to the addresses set forth below, or to
such addresses which may be specified in writing to the parties hereto.

               To CITY:        City Manager
                               City of Cotati
                               201 West Sierra Avenue
                               Cotati, CA 94931

       To AUTHORITY:           Executive Director Sonoma County Transportation Authority
                               490 Mendocino Avenue, Suite 206
                               Santa Rosa, CA 95401
                               (707) 565-5373
                               suzsmith@sctainfo.org

        6. Additional Acts and Documents. Each party agrees to do all such things and
take all such actions, and to make, execute and deliver such other documents and
instruments, as shall be reasonably requested to carry out the provisions, intent and
purpose of the Agreement.

        7. Integration. This Agreement represents the entire agreement of the parties with
respect to the subject matter hereof. No representations, warranties, inducements or oral
agreements have been made by any of the parties except as expressly set forth herein, or in
other contemporaneous written agreements.

        8. Amendment. This Agreement may not be changed, modified or rescinded except
in writing, signed by all parties hereto, and any attempt at oral modification of this
Agreement shall be void and of no effect.



                                                                                            Page 4 of 7
                                                                      Agreement Number SCTA111008




        9. Independent Agencies. CITY renders its services under this Agreement as an
independent agency. None of the CITY’s agents or employees shall be agents or
employees of the AUTHORITY. AUTHORITY renders its services under this
Agreement as an independent agency. None of the AUTHORITY’s agents or employees
shall be agents or employees of the CITY.

       10. Assignment. The Agreement may not be assigned, transferred, hypothecated, or
pledged by any party without the express written consent of the other party.

        11. Successors. This Agreement shall be binding upon the successor(s), assignee(s)
or transferee(s) of the AUTHORITY or CITY as the case may be. This provision shall
not be construed as an authorization to assign, transfer, hypothecate or pledge this
Agreement other than as provided above.

         12. Severability. Should any part of this Agreement be determined to be
unenforceable, invalid, or beyond the authority of either party to enter into or carry out,
such determination shall not affect the validity of the remainder of this Agreement which
shall continue in full force and effect; provided that, the remainder of this Agreement can,
absent the excised portion, be reasonably interpreted to give effect to the intentions of the
parties.




                                                                                          Page 5 of 7
                                                              Agreement Number SCTA111008


        IN WITNESS WHEREOF, the parties have executed this Agreement as of the
Effective Date.

CITY OF COTATI                            SONOMA COUNTY
                                          TRANSPORTATION AUTHORITY

By: ___________________________           By: ____________________________
City Manager                                                        SCTA Chair

ATTEST:                                   APPROVED AS TO SUBSTANCE:

By: ____________________________          By: ____________________________
City Clerk                                                     Executive Director

APPROVED AS TO LEGAL FORM
FOR CITY:

By: ____________________________          By: ____________________________
City Attorney                                                     Legal Counsel
                                                                      Authority
APPROVED

By: ____________________________
Department Director


By: ____________________________
Risk Manager


By: ____________________________
Finance Director




                                                                                 Page 6 of 7
                                                                   Agreement Number SCTA111008




                     COOPERATIVE FUNDING AGREEMENT
                                BETWEEN
                        SCTA & THE CITY OF COTATI

                                      EXHIBIT A

              CITY REQUESTED AND FUNDED IMPROVEMENTS

Redwood Drive. Improvements include reconstructing the existing road structural section,
paving, shoulder grading, striping, loop replacement, and related work. Approximate
limits of work are the Redwood Drive/Helman Lane intersection to the north side of the
Laguna de Santa Rosa box culvert.

Commerce Boulevard. Improvements include dig-out and repair of failed asphalt, edge
and conform grinding, repaving, striping, and related work. Additional work includes
replacing curb ramps and adding paving fabric. Approximate limits of work are the
current extent of Central A paving near Wilford Avenue to the City Limit.

Old Redwood Highway. Improvements include dig-out and repair of failed asphalt, edge
and conform grinding, placing pavement fabric, repaving, loop replacement and related
work. Approximate limits of work are the current extent of Central A paving on Highway
116 to the current extent of paving for Central A at the Commerce Boulevard/North-Bound
US 101 on-ramp intersection, including the Highway 116/Old Redwood Highway
intersection.




                                                                              Page 7 of 7
                                                                                              Item No. 5
                                      City Council Agenda
                                        Regular Agenda
Subject:          Memorandum of Understanding (MOU) Between the City and its Employees
                  Represented by the Cotati Police Officers Association (CPOA) and Appropriation of
                  Funds Not to Exceed $42,000

Date:             August 11, 2010

Written By:   Jone Hayes, Administrative Services Director
____________________________________________________________________________________
RECOMMENDATIONS:

It is recommended that the Council adopt a resolution approving a Memorandum of Understanding
(M.O.U.) between the City and its employees represented by the Cotati Police Officers Association
(CPOA) and appropriation of funds in an amount not to exceed $42,000
____________________________________________________________________________________

Background/Discussion:

Contract negotiations have been in process with the CPOA during the last two months. These
negotiations have recently concluded with agreement on a new three year M.O.U. (attached). Once
approved, the M.O.U. will be effective as of July 1, 2010.

Key Provisions of M.O.U. include:
      Term
      - 3 year contract expiring on June 30, 2013

        Benefit Contributions (currently 14%)
        - Year 1: Effective July 1, 2010 the employee contribution to benefits will be reduced by 5%
           (i.e., employees will continue a 9% contribution to benefits)
        - Year 2: Effective July 1, 2011, the employee contribution to benefits will be reduced by 5%
           (i.e., employees will continue a 4% contribution to benefits)
        - Year 3: Effective July 1, 2012, the employee contribution to benefits will be reduced by 4%

        Salary
        - Year 3: Effective July 1, 2012, salaries will be increased by a three percent (3%) cost of
           living adjustment.

        Retirement
        - Year 3: Effective July 1, 2012, employees hired before the date the City adopts a resolution
           to establish a second pension tier will pay three percent (3%) of the employee contribution to
           CalPERS for pension.

        Medical Premiums
        - For employees hired before July 1, 2010, effective July 1, 2012, employees will pay 10% of
          the cost of medical insurance premiums.

        Leave Accrual (Change to City of Cotati Personnel Rules)
Y:\DATA\GROUP\EVERYONE\CCREPORTS\2010\20100811\CPOA MOU.sr.doc
        -   The number of leave bank hours employees are eligible to accrue will be will be reduced by
            15 hours for each year of the Agreement.

        Second Tier Benefits for New Hires

        Medical Premiums
        - For employees hired on or after July 1, 2010, City monthly contributions to medical
          insurance will be capped at the following amounts:
                  o Employee Only: $483.94
                  o Employee Plus One: $811.85
                  o Employee Plus Family: $1161.52

        Retirement
        - Non-sworn safety employees hired on or after the date the City adopts a resolution to
           establish a second pension tier will be covered under the 2% at 60 formula as provided under
           Government Code section 21353, calculated using the average of three highest years, and
           will pay the full CalPERS employee contribution.

        -   Sworn safety employees hired on or after the date the City adopts a resolution to establish a
            second pension tier will receive a CalPERS retirement benefits based on the 2.5% at 55
            formula, as provided under Government Code section 21363, calculated using the average of
            three highest years, and will pay the full CalPERS employee contribution

Financial Considerations:

The City’s Adopted FY 10-11 Budget does not include the changes to salary and benefit costs reflected
in the proposed M.O.U. An additional appropriation of funds in an amount not to exceed $42,000 from
General Fund account(s) 001-0500-510XX.0000 is required.

Environmental Issues:

None.

Attachment:
Proposed Resolution with Memorandum of Understanding as Exhibit A




Y:\DATA\GROUP\EVERYONE\CCREPORTS\2010\20100811\CPOA MOU.sr.doc
                           RESOLUTION NO. 2010-_____

     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
      APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU)
                  BETWEEN THE CITY OF COTATI
               AND ITS EMPLOYEES REPRESENTED BY
           COTATI POLICE OFFICERS ASSOCIATION (CPOA)


      WHEREAS, the Cotati Municipal Code and Personnel Rules empower the City
Council to establish a compensation plan covering all classes of positions; and

        WHEREAS, the City Council’s representative has met and conferred in good
faith with representatives of the CPOA, resulting in the proposed comprehensive MOU
with an effective date of July 1, 2010; and

       WHEREAS, the City Council finds and determines that the proposed
comprehensive MOU attached to this Resolution as Exhibit “A,” is appropriate and
reasonable for the designated group.

       NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the proposed comprehensive MOU attached to this Resolution as Exhibit “A.”

      BE IT FURTHER RESOLVED, that resolutions in conflict herewith are hereby
superseded; and

       BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to
execute the MOU attached hereto as Exhibit “A.”

       IT IS HEREBY CERTIFIED that the foregoing Resolution and attached Exhibit
“A” were duly introduced and legally adopted by the City Council of the City of Cotati at
a meeting held on the 11th day of August, 2010 by the following vote, to wit:

COLEMAN-SENGHOR
GILARDI
HARVEY
LANDMAN
ORCHARD


                                     APPROVED: ______________________________
                                               Robert Coleman-Senghor, Mayor

ATTEST: ________________________________
         Tamara Taylor, Deputy City Clerk
EXHIBIT A
                                                                                         Item No. 6


               Joint Meeting of City Council and
        Redevelopment Agency Board of Directors Agenda
                      Consent Calendar

Subject:       Receive and File Warrants and Audited Claims for June 24th, 2010 – July 21st,
               2010

Date:          August 11, 2010

Written by: Jone Hayes, Director of Administrative Services

Recommendation

It is recommended that the City Council receive and file the warrants and audited claims (the A/P
Check Registers) as submitted.


Background

Warrants (checks) are created by City Staff in compliance with the following Municipal Code
Sections:

        2.12.160 Expenditure control--Purchasing.
        It shall be the duty of the city manager to see that no expenditures shall be submitted or
        recommended to the city council except on approval of the city manager or his authorized
        representative. The city manager, or his authorized representative, shall be responsible for
        the purchase of all supplies for all the departments or divisions of the city. (Ord. 97 §7.9,
        1968).

        3.36.010 Expenditures--Compliance required.
        All expenditures of city funds in connection with purchases must be made strictly in
        accordance with the duly adopted budget, and in order that budgetary control may be
        effectively exercised, the procedures in this chapter shall be followed. (Ord. 575 §1(part),
        1992).

Analysis/Discussion

Warrants and Audited Claims listings (now identified as the A/P Check Registers) list all
warrants issued for the period indicated. Per Council action on July 11, 2007 all warrants are
released as they are created.

All expenditures of City funds in connection with purchases of services or materials are strictly
in accordance with the duly adopted budget and / or Council actions amending the adopted
City Council Staff Report
Warrants and Audited Claims
August 11, 2010




budget. Expenditures have been approved for payment by either the City Manager or by
Department Heads.

Financial Considerations

The following is the totals for the Warrants and Audited Claims (the A/P Check Register) issued
for the period of June 24, 2010 – July 21, 2010:

                    July 14, 2010                  $ 464,778.22
                    July 14, 2010                        282.80
                    July 14, 2010                        250.00
                    July 21, 2010                     47,868.66
                    July 21, 2010                         48.91

                    Total                                513,228.59

Environmental Issues

None.

Attachments:

1. Check Registers dated 7/14/10 and 07/21/10




                                           Page 2 of 2

								
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