CITY OF COTATI

December 14, 2005

Minutes of the Regular City Council Meeting/Joint Meeting of the City Council

And Cotati Redevelopment Agency Board of Directors

201 W. Sierra Avenue, Cotati, CA 94931-4217

CALL TO ORDER OF CITY COUNCIL MEETING

Mayor Moore called the meeting to order at 7:06 p.m.

ROLL CALL

Councilmembers present: Moore, Orchard, Fox, Gilardi, Minnis

Staff present: Stubbings, Dorch, Bell, Walter, Woltering, Hayes, Stewart

PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

APPROVAL OF MINUTES AND NOTICE OF WAIVING READING

1. Regular meeting of November 22, 2005

-- Notice of waiving the reading of all ordinances introduced and/or adopted under this agenda.

It was moved by Gilardi, seconded by Orchard, to approve the minutes of the regular meeting of November 22, 2005. Mayor Moore requested a roll call vote:

Fox: Yes

Gilardi: Yes

Minnis: Abstain

Orchard: Yes

Moore: Yes

ORAL AND WRITTEN COMMUNICATIONS

Announcements

-- A Community Event: the Biology of Laguna de Santa Rosa takes place on Monday, January 9, 2006 at 7:00 p.m. in the Cotati Room. For more information, call 665-3640 792-4422. Revised 12-14-05

-- City Hall will close on Friday, December 16^th and reopen on Monday, January 2^nd, 2006. The Police Department and Public Works will be on duty during this time. If you require assistance during the holiday closure, please call 665-3605 792-4611. Revised 12-14-05 If it is an emergency, dial 9-1-1.

Happy Holidays to you and yours from the City of Cotati!

Mayor Moore called attention to the amended announcements.

2. Sonoma State University representative James J. Reilly, III, arrived at 7:17 p.m., and reported on SSU finals week. Mr. Reilly discussed the additional enrollment the administration hoped to make up from the fall, and he wished everyone Happy Holidays from Sonoma State. Mayor Moore remarked she saw Mr. Reilly listed as a Future Leader in the Press Democrat’s Leadership Forum.

3. Honorary Mayor Brian Hua, from Rancho Cotate High School, was chosen as Cotati’s Honorary Mayor for the month of December. Honorary Mayor Hua said he loved science and contributing to the community, and he was involved in many community activities such as Rotary and the Cotati Creek Critters. When asked what he liked about Cotati, the Honorary Mayor replied trees and events in La Plaza Park liked the Jazz and Accordion Festival, and the Kids’ Day Parade. Honoary Mayor Hua said he did not have many complaints about Cotati except occasional pot holes in the streets, and said he would like more teen programs after school, along with a regular movie night. Councilmember Fox asked about his plans after high school, to which Honorary Hua said he was applying to UC Berkeley, Davis and San Diego with the intent to study bio chemistry or organic chemistry. Councilmember Gilardi asked if Kevin Hua (last year’s Cotati scholarship recipient) was his older brother, to which Mr. Hua answered in the affirmative, and added his brother was now attending UC Berkeley. Councilmember Gilardi commended the Honorary Mayor for blending community service with academics. Mayor Moore then presented Mr. Hua the Honorary Mayor certificate.

4. Proclamation for Britt and Barbara Johnson, Movie Night. Mayor Moore read the proclamation and presented it to Britt and Barbara Johnson for their initiation of Movie Night in Cotati. Councilmember Gilardi added her appreciation for the Movie Night project.

Mayor Moore continued Agenda Items #6 and #9 to a future meeting, letting people know early in case anybody had to leave the meeting.

5. Interview Applicants and Make Appointments to the Planning Commission

Planning Director Woltering provided background information on Planning Commissioners Pagnusat and McClelland, who have expressed their desire to serve another term on the Planning Commission. McClelland said she continued to learn and grow, and serving on the Commission fulfilled community service she feels she needs.

Commissioner Pagnustat had previously informed Council he would be unable to attend the evening’s meeting.

Mayor Moore opened public comment.

Robert Coleman-Senghor, Amber Way, said it was a pleasure to work with Commissioner McClelland and discussed the dynamics of their relationship.

Mayor Moore closed public comment.

Mayor Moore reappointed Kelly McClelland and Jerry Pagnusat to the Planning Commission.

It was moved by Orchard, seconded by Gilardi, to ratify the Mayor’s reappointment of Commissioners Pagnusat and McClelland.

Yes: 5 No: 0

Councilmember Fox said after reading the Planning Commission minutes, he was impressed how the Commissioners were able to move things along, and lauded Commissioner Pagnusat for his twenty years on the Planning Commission. Councilmember Gilardi added comments about how much she appreciated their efforts. Vice Mayor Orchard said she relied on Planning Commission deliberations and determinations, and thanked them for their effort. Mayor Moore offered her appreciation for attendance at all the late night meetings, as well as taking the heat for the City Council. Mayor Moore concluded by stating she empathized with and appreciated what the Planning Commission does.

CITIZEN BUSINESS

Robert Coleman-Senghor, Amber Lane, said it was his third time coming before Council on account of the dangerous conditions on E. Cotati near the Church (Charles St. intersection). Mr. Coleman said something must be done about the lighting situation. Mr. Coleman specified the dangers of the intersection and asked a member of Council to do a night study because he said he believes it is just a matter of time before there is an accident.

George Barich, Cotati, recommended re-opening Citizen Business at the end of the meeting in the spirit of open government. Mr. Barich also recommended a committee on advanced technology because he said Cotati citizens would be happy to serve on the committee, and he hoped Council would consider it in the next year. Mr. Barich stated the entry way to Cotati was a CalTrans controlled entrance into town which was unkempt and a visual blight, and that CalTrans had been contacted but the City needed to do more to get them to live up to their expectations. Mr. Barich recommended a subcommittee for a clean up crew. Mr. Barich spoke on next year’s karaoke in the park and entreated Council not to save paper when it came to handing out Proclamations for special events.

Mayor Moore closed Citizen Business.

CITY MANAGER REPORT

City Manager Stubbings reported the next meeting of January 11, 2006 was the Council reorganization, and that the Downtown Specific Plan meeting was rescheduled for March 1^st. City Manager Stubbings said she received a press release from Fish and Game not recommending critical habitat for the Santa Rosa Plain, so the strategy plan is working and will continue to work towards a positive end.

COUNCILMEMBER DIRECTION ON FUTURE AGENDA ITEMS

There were no items.

PUBLIC HEARINGS

6. Adoption of Resolution No. 05-76 Approving a Mitigated Negative Declaration and Mitigation Monitoring Program for a Six-Lot Subdivision and Development Project on a 1.81-acre Site Located at 65 Lasker Lane (Lasker Knolls Subdivision, PA #28/03, APN 144-470-007); Adoption of Ordinance No. 781, Approving Rezoning of a 1.81-Acre Site Located at 65 Lasker Lane from Agricultural-Residential to Single-Family Residential: Planned Unit Development (R-1:PUD) to Allow for a Six-lot Single Family Residential Development Project (Lasker Knolls Subdivision, PA #28/03, APN 144-470-007);

Adoption of Resolution No. 05-77, Approving a Tentative Subdivision Map for the Subdivision of a 1.81-Acre into Six-Lots, Design Review for Construction of a Six-Single-Family Detached Homes, Growth Management Program, and a Conditional Use Permit to Allow Approval of a Planned Unit Development for a Six-Lot Subdivision Project to be Located at 65 Lasker Lane (Lasker Knolls Subdivision, PA #28/03, APN 144-470-007)

Item #6 was continued to a future Council meeting.

7. Adoption of Resolution No. 05-78, Approving a Mitigated Negative Declaration and Adoption of Resolution No. 05-79, Approving a Tentative Map for the Subdivision of 4.37 Acres Located at 8910 Cypress Avenue

Vice Mayor Orchard was recused due to a conflict of interest.

Planning Director Woltering provided Council with the staff report.

Mayor Moore opened public comment.

David Brown of Adobe Associates, representing the applicant, provided more detailed information about the project. Councilmember Minnis asked about the bamboo and if there was a rat problem associated with bamboo, to which the applicant, Andrew Blanton, replied there was no problem.

Mayor Moore closed public comment.

Councilmember Fox commented about the non native aspect of the bamboo, but said he was more interested in the off street parking issue, though he understood it to be a one time scenario with this subdivision. Councilmember Gilardi said she read the driveway design made all the difference for extra parking. Planning Director Woltering said it was noted as a condition of approval there would be adequate parking on the individual lots. Councilmember Fox said he had a general concern about parking and asked if thought had been given as to whether there would be secondary units. Councilmember Gilardi stated more expensive homes generally had cars for every member of the family. Councilmember Minnis asked whether emergency vehicles could get through, to which Planning Director Woltering stated access and turnaround could be accommodated.

It was moved by Fox, seconded by Minnis, to adopt, Resolution No. 05-78.

Yes: 4 No: 0 Abstain: 1 (Orchard – COI)

It was moved by Fox, seconded by Minnis, to adopt, Resolution No. 05-79.

Yes: 4 No: 0 Abstain: 1 (Orchard – COI)

8. Adoption of Resolution 05-80 Authorizing the Issuance of a Certificate of Public Convenience and Necessity to Rohnert Park Sam’s Limo/Taxi to Operate a Vehicle for Hire

Chief Stewart gave the staff report and answered questions from the Council. Mr. Tawasha came at 8:25 p.m. and reported to Council on his proposed business.

Mayor Moore opened and closed public comment.

Mayor Moore said she thought it was a good thing for Cotati to get taxi service and that she had heard it was sometimes a long wait to get a taxi in Cotati.

It was moved by Fox, seconded by Minnis, to approve Item #8, Resolution No. 05-80.

Yes: 5 No: 0

CONSENT CALENDAR

9. Adoption of Resolution No. 05-72, Authorizing the City Manager to Execute an Agreement for Sewer Service Outside Service Area for Property at 350 Helman Lane

(APN 046-112-006)

10. Rejection of Claim Against the City of Cotati--Scott Underwood

11. Approval of Amendment to the Contract Between the City of Cotati and Nichols/Berman and Associates for the Production of a Civic Center Environmental Impact Report

12. Move to Accept Ownership of the Santero Way Park from the Colvin Group

13. Approve Resolution No. 05-81, Endorsing the Sonoma County Adult and Youth Development (SCAYD) Application for Community Development Block Grant (CDBG) Funding to Help Support the Homeless Prevention Program

14. Authorize Letter in Support of Filling the Gap in Proposition 42 Transportation Funding

Item #9 was continued to a future Council meeting.

Councilmember Gilardi asked items #10 and 12 be pulled for discussion.

Item #10:

Councilmember Gilardi asked why #10 was even on the agenda when the incident clearly happened in Rohnert Park, and there was discussion between City Attorney Walter and Council regarding this claim.

Mayor Moore opened and closed public comment.

It was moved by Gilardi, seconded by Orchard, to approve Item #10, Rejection of Claim Against the City of Cotati--Scott Underwood.

Yes: 5 No: 0

Item #12:

City Manager Stubbings recused herself due to a conflict of interest.

Assistant City Manager Dorch provided Council with additional information on Item #12. Councilmember Gilardi asked about private mailboxes in a public park. Assistant City Manager Dorch said 90% of all mailboxes were in the public right-of-way, and this design was approved by the Post Office. City Attorney Walter provided more details on the project, with Assistant City Manager Dorch clarifying certain particulars of the project. Councilmember Gilardi said she wanted to make clear the majority of mailboxes were not located in the public right-of-way, noting the mailbox location of various Councilmembers. Councilmember Gilardi wanted to know who would maintain the kiosk area, to which Assistant City Manager Dorch responded it would be maintained by the Homeowners’ Association, based on the license agreement. City Attorney Walter recommended Council accept Santero Way Park on condition that the license agreement be modified to include the insurance requirement, is signed by all parties and then recorded. Councilmember Minnis asked if the City needed to accept the park, adding additional comments to support the question. City Attorney Walter stated if the park were to remain with the Colvin group, they would be responsible for maintaining the park, but it had always been implied the City would take over the park. Assistant City Manager Dorch added the park acquisition had been part of the Santero Way Specific Plan. Mayor Moore said it would be difficult for it not to be a public park. Councilmember Minnis said it would have to be public because of the location and added she did not see the benefit of the City taking control of the park. Councilmember Fox said the specific plan stated the park was to be made available for the enjoyment of all Cotati citizens, said a private park was not the outcome the City was looking for, and provided background information on the park during the planning process.

Mayor Moore opened public comment.

Robert Coleman-Senghor, Amber Lane, asked for an explanation of what was at issue. He gave his perception of what the difficulty was with several scenarios. Mr. Coleman said he wondered why this situation was being repeated from an earlier project, and stated the City could avoid liability by making it a private park.

George Barich, Cotati, said the issue as he saw it was Council was adopting a park that was inherently dangerous, and gave reasons for his concern. He asked if there was a public right-of-way if the public used a private park. Mr. Barich reiterated the mailboxes would be unsafe.

Mayor Moore closed public comment.

Councilmember Gilardi explained her concerns to Mr. Coleman-Senghor, and asked who was responsible if someone got hurt on City property. Vice Mayor Orchard said she wanted to explain the proposed resolution was adding an extra layer of protection and it helped defend the City from potential lawsuits, which would be a prudent thing to do. Councilmember Gilardi said she had no problem with the area being a public park, but wanted as a condition of support the recordation of the license.

Assistant City Manager Dorch asked if Council would take into account City Attorney Walter’s suggestions. Vice Mayor Orchard said the City should accept Santero Way Park as a city-owned public park and stated for the record there were many reasons it was always meant to be a public park, including more green space and a park assured to the citizens of Cotati.

It was moved by Gilardi, seconded by Fox, to approve Item #12, Accept Ownership of the Santero Way Park from the Colvin Group.

Yes: 5 No: 0

Councilmember Gilardi said she hoped it wasn’t a precedent with the mailboxes being in a public place, and there was general agreement amongst Council that in future, there would be options such as a lot line adjustment.

It was moved by Gilardi, seconded by Orchard, to approve Items #11, 13 and 14 on the Consent Calendar.

Yes: 5 No: 0

REGULAR AGENDA

15. Establish Policy for the Use of Audio/Visual Equipment During the “Citizen Business” Portion of City Council Meetings

Assistant City Manager Dorch provided the staff report based on what other cities were doing with regard to public use of A/V equipment, with additional input from City Attorney Walter.

Mayor Moore opened public comment.

George Barich, Cotati, said he believed Assistant City Manager Dorch’s report contained errors. Mr. Barich took issue with the concept of 3-5 minutes for Citizen Busines; stated there was no general practice or general policy with regard to public use of A/V equipment; added staff research of what other cities were doing in this matter was irrelevant. Mr. Barich said City Attorney Walter was incorrect in that Cotati citizens had the right to use the projector and laptop because he attended the meetings when the purchase of the equipment was being discussed and it was agreed that both public and staff could use the equipment. Mr. Barich said if this case were to be litigated, the public would win and maintained the overhead and TV gave citizens an open port to support their presentations.

Robert Coleman-Senghor, Amber Lane, gave information about the multimedia he used in his classroom. Mr. Coleman said he took issue with the concern about the time it would take to set up for Citizen Business because it wasn’t a good reason for disallowing public use of A/V equipment. Mr. Coleman brought to attention digitized minute programs and encouraged Councilmembers to use whatever technology possible to enhance City Council meetings. Mr. Coleman said he always photographed sites as a Planning Commissioner and said everyone should have the right to use the equipment.

Mayor Moore closed public comment.

Councilmember Minnis said Council had a responsibility to their citizens to allow them to use the overhead and their own laptop. Vice Mayor Orchard said she did not have a problem with the public using A/V equipment as long as they did not have to stop the meetings for set up time and did not include the use of the City laptop. Councilmember Gilardi said when she was Mayor, she asked the public to contact her if there was a need for equipment and they were accommodated. Councilmember Gilardi added she supported public A/V use as long as time was not an issue.

Councilmember Fox reiterated the subject of the agenda item. He said he supported any agendized item where a citizen needed to use A/V equipment but draws a line with A/V equipment in Citizen Business. Councilmember Fox then read the definition of Citizen Business from the agenda and said he brought it to attention because Citizens’ Business is where Council can choose to take action at a later date, but A/V equipment during Citizen Business was not the intent and the logistics can be problematic. There was further Council discussion on whether a public A/V use policy was applicable only to Citizen Business, with the general Council consensus in the affirmative.

Mayor Moore opened public comment

George Barich, Cotati, stated both Councilmembers Minnis and Fox were correct. Mr. Barich said the visuals were effective and it saved paper, and added he did not want to disrupt meetings but be able to “strike when the iron is hot.” Mr. Barich stated digital e-mail was soon coming which needed to addressed by Council that evening.

Robert Coleman-Senghor, Amber Lane, used allegory in a play by Bertolt Brecht to the issue at hand. Mr. Coleman said he believed Citizen Business was an appropriate venue for the use of A/V equipment.

Mayor Moore closed public comment.

Councilmember Fox stated it all came down to managing a meeting. Mayor Moore said as Mayor, she has allowed presentations with people going over the time limit, to which she was sensitive. Mayor Moore gave examples of logistical problems with public A/V issues, but also agreed a picture being worth a thousand words. Mayor Moore said she liked the idea of a trial period of three months with very strict time limits in place. There was some discussion about the possibility of inappropriate material and Councilmember Gilardi said she would appreciate having the public notify staff in advance of Council meetings for their A/V needs. Mayor Moore stated people needed to be aware that all presentations were addressed to the Council and not to the general public. Chief Stewart asked for advance notice because of equipment location issues; this request was followed by general discussion on the topic of equipment location. City Manager Stubbings urged advance notice for equipment and added city staff were available everyday with much that could be done at staff level without having to bring it back to Council. City Manager Stubbings asked if Council wanted a written policy. There was general agreement about a three month trial period, with prior notice to staff for public A/V use.

Council direction to staff was the implementation of a three month trial period for public A/V use (overhead, TV, VCR only) with 5 minute time limit, set up time included.

JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS

Call to Order

Mayor/Agency Chair Moore called the meeting to order at 9:12 p.m.

Roll Call

Council/Agency Members present: Moore, Orchard, Fox, Gilardi, Minnis

Staff present: Stubbings, Bell, Hayes, Walter, Dorch, Stewart

Consent Calendar

16. Approval of Warrants and Audited Claims for November 18^th, 2005—December 5, 2005

It was moved by Orchard, seconded by Minnis, to approve the Joint Meeting Consent Calendar.

Yes: 5 No: 0

Adjournment of joint meeting; reconvening of regular meeting of City Council

The joint meeting was adjourned, and the regular City Council meeting reconvened at 9:12 p.m.

CITY COUNCIL REPORTS AND COMMENTS

Councilmembers reported briefly on meetings they have attended recently and commented on other topics of interest.

ADJOURNMENT

Mayor Moore adjourned the meeting in memory of Adrianna DeLaTorre, Christina Ramirez, Greg Kubeck, and Cajo Phelan, the four teenagers killed in a Petaluma auto accident on December 13, 2005; Millie Boggio, mother of Accordion Festival founder Jim Boggio; and long time Cotati residents John Nunez and John Hilsendager.

Adjourned at 9:22 p.m.

Respectfully submitted,

/s/ Paulette Bell

Deputy City Clerk