CITY OF COTATI

October 27, 1999

Minutes of the Regular City Council Meeting

and 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 OPEN SESSION

The meeting was called to order at 6:30 p.m. by Mayor Berkemeier.

CITY COUNCIL MEETS IN CLOSED SESSION FOR THE REASON INDICATED ON THE ATTACHED NOTICE

Mayor Berkemeier announced that Council would meet in closed session for the reason indicated on the attached notice.

RECONVENE TO OPEN SESSION

The meeting was called to order at 7:05 p.m. by Mayor Berkemeier.

PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

ROLL CALL

Councilmembers present: Cullinen, Eder, Fox, Jensen, Berkemeier

Staff present: Brown, Dorch, McAdler, Stewart, Anna, Walter

APPROVAL OF MINUTES AND NOTICE OF WAIVING READING

It was moved by Fox, seconded by Cullinen, to approve the minutes as amended and to waive the reading of all ordinances introduced and/or adopted under this agenda.

Yes: 5 No: 0

1. Regular meeting of October 13, 1999.

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

CITIZEN BUSINESS

Greg Saffores, 401 W. Sierra, asked when the road would be fixed and when his water line will be repaired. Planning Director Dorch responded that the developer is preparing a remedial plan and the matter should be resolved expeditiously.

Denise Keller, 403 W. Sierra Avenue, asked about the road. She said her garbage bill went up because of bad access and she has suffered some vandalism because of kids batting rocks.

Theresa Eaton, 117 Silver Drive, stated two trees in her mobilehome park are scheduled to be cut down, in spite of residents’ efforts to save them. This is being done to accommodate placement of an additional mobilehome in the park. She asked the Mayor to look at the trees. The Mayor responded that he and the Planning Director will look at the trees tomorrow.

Ann Rock, 35 Page Street, said she asked for the City’s assistance in cleaning the creek. She reported that no City staff have contacted her so far. Mayor Berkemeier responded that the creek is a Sonoma County right of way, and that might account for a delay. Planning Director Dorch added that the County is under direction to do as little remediation as possible.

George Barich, 176 W. Cotati Oaks Court, asked if there will be announcements regarding goal setting. Mayor responded he will announce the dates for goal setting sessions.

CONSENT CALENDAR

2. Second reading and adoption of Ordinance No. 698 Approving a Planned Unit Development Overlay from R-2, Multifamily Residential, to R-2:PUD, Multifamily Residential:Planned Unit Development, 36 Lot Single Family Residential Development on 8.7 Acres Located at 8416 and 8440 Park Avenue (P.A.#17/99) applicant: Fred Zmarzly – AP#144-360-003 & 013

Item pulled: Item 2 was pulled by Vice Mayor Jensen.

Mayor Berkemeier and Councilmember Eder stated they would not participate in discussion of Item 2 because of a conflict of interest related to ownership of property in the subject area. They left the dais at 7:18 p.m.

Vice Mayor Jensen stated that at the last meeting, she made a decision which, upon reflection, she wished to reconsider. Her concerns included: traffic, single-story, 1-1/2 story and 2-story issues, the need for story poles to show more specific details, and orientation of the units to capture solar resources; one-story houses should be in the southeast area.

Margaret Callas, 67 Benson Lane, said she represented (inaudible) Callas, Judy Watch, Vince Whitcomb, Jeff Cameron, Mark Firestone, (and other inaudible names); they requested Council postpone their decision on the Park Meadows Subdivision. Their concerns included such matters as traffic flow, an access road, and lighting. She requested the architect produce a single story plan and suitable elevations. Speaking for herself, she asked if consideration has been given to formation of a homeowners’ association to keep up the landscaping and police such concerns as on-street parking of recreational vehicles, boats, and general upkeep.

George Barich, 176 W. Cotati Oaks Court, said he agreed with the previous speaker and thanked Council for revisiting the matter. He expressed concerns about traffic and parking within the subdivision.

Fred Zmarzly, owner of the property, stated that a traffic study was done a couple of years ago and should still be accurate. He noted that there would be a landscape and lighting district formed, so the City would not pay for the maintenance but the homeowners would pay for it. Regarding story poles, he said it would be very difficult to give a good idea of how the subdivision would look.

Greg LeDoux, project architect, noted the project has been in process for four years, with quite a bit of discussion. He said he is happy to work with the neighbors, but he feels there should be a mixture of one, one and one-half and two story units along the road.

Mayor Jensen proposed that the matter be placed on a Council agenda at a future meeting. She said she is not comfortable with the traffic study, and there are a number of other related issues as well.

Councilmember Cullinen commented that this project is as close to the master plan as could be expected, and was approved unanimously by Design Review and the Planning Commission. He said he would vote in favor of this item.

 

In response to a question from Councilmember Fox, Planning Director Dorch stated the initial study envisioned 56 units; this plan has 36 units. Traffic engineers have looked at the plans and have approved them; lighting has been addressed previously. He added that he has not felt that a row of one-story units is appropriate along the road, and Design Review and Planning Commission agreed with him.

Councilmember Fox said he is comfortable with everything that has been done so far, and he believes the neighbors support the development. He said he understands that lighting design will be settled at final design review.

Planning Director Dorch addressed the street width concern expressed by Mr. Barich, and urged him to attend the Walkable Communities workshop to be presented soon.

Councilmember Fox noted there will be CC&Rs for the subdivision prohibiting parking of recreational vehicles on the street. He said final design review will resolve the issues presented here tonight. He noted story poles would have to reflect changes which are to be made in the grading. He urged approval of the ordinance.

Vice Mayor Jensen reiterated that she feels the neighbors’ concerns have not been sufficiently addressed, she still would like to see one-story homes along the road, and the sun declination concerns should be addressed regarding solar utilization.

It was moved by Cullinen, seconded by Fox, to continue the matter to a future meeting.

Yes: 3 No: 0 Abstain: 2 (Berkemeier, Eder)

Berkemeier and Eder returned to the dais at 7:45 p.m.

Planning Director Dorch invited interested citizens to contact Planning to resolve some of the issues.

ORAL AND WRITTEN COMMUNICATIONS

Report by Honorary Mayor

John Ahlers, Thomas Page School

Honorary Mayor Ahlers introduced himself, presented a report listing a number of priorities the local youth have expressed for Cotati. He responded to questions from Council and introduced his parents.

Mayor Berkemeier thanked him for his presentation

Correspondence and Presentations

3. Request for adoption of Resolution No. 99-75 Endorsing the "Action for Better Cities" Non-Profit Corporation

Public comment: None.

Following brief discussion, it was moved by Cullinen, seconded by Jensen, to adopt Resolution No. 99-75 Endorsing the "Action for Better Cities" Non-Profit Corporation.

Yes: 5 No: 0

4. Receive and file correspondence from PG&E regarding Y2K readiness

There was no public comment.

Following brief discussion, Council consensus was to receive and file the correspondence.

5. Receive and file letters of request for installation of speed bumps on El Rancho Drive

Planning Director Dorch commented that his preference would be to wait for the Walkable Communities workshop so the community can see alternatives to speed bumps.

Vice Mayor Jensen asked for stepped-up policing on El Rancho Drive in the meantime. Councilmember Fox said he would like speed bumps installed. Councilmember Eder argued against installation of speed bumps. Councilmember Fox responded the speed bumps can come out if it appears there are other, better alternatives.

It was moved by Eder that, once standards are developed by the City, speed bumps be installed on El Rancho at the expense of the developer.

George Barich advised that Council get the City Attorney’s opinion on the City’s liability should someone get hurt.

Greg Saffores said it appears that residents on School Street and El Rancho are getting priority for their requests over other residents. He said he feels his street, West Sierra Avenue, should get fixed.

Theresa Eaton, 117 Silver Drive, suggested that the speed advisory machine be placed in various locations along with a video camera to track the cars, drivers and license plates.

Staff was directed to bring the speed bump matter back at a future meeting.

Announcement of Goal Setting Sessions: Mayor Berkemeier gave the dates and times: 7:00 p.m. on November 3 and December 15. Mayor Berkemeier urged citizens to submit their suggestions for the goal setting meetings.

STAFF REPORTS

6. Adoption of Resolution No. 99-74 Approving a Negative Declaration for Ordinance No. 691 Establishing a new Zoning District, Downtown Commercial (CD), to Bring the Downtown Zoning Consistent with the Cotati General Plan and to Implement the City of Cotati General Plan; introduction of Ordinance No. 691 Establishing a New Zoning District, Downtown Commercial (CD), to Bring the Downtown Zoning Consistent with the Cotati General Plan and to Implement the City of Cotati General Plan (Planning)

Assistant Planner Lustig gave a staff report and responded to questions from Council. She noted that Council had amended copies of Ordinance No. 691 before them on the dais.

There was no public comment.

It was moved by Cullinen, seconded by Eder, to adopt Resolution No. 99-74 Approving a Negative Declaration for Ordinance No. 691 Establishing a new Zoning District, Downtown Commercial (CD), to Bring the Downtown Zoning Consistent with the Cotati General Plan and to Implement the City of Cotati General Plan.

Yes: 5 No: 0

It was moved by Cullinen, seconded by Jensen, to introduce Ordinance No. 691 Establishing a New Zoning District, Downtown Commercial (CD), to Bring the Downtown Zoning Consistent with the Cotati General Plan and to Implement the City of Cotati General Plan.

Yes: 5 No: 0

7. Introduction of Ordinance No. 658 Rezoning a 2.9 Acre Remnant Parcel, Located Near the Southeast corner of St. Joseph Way and U.S. 101 (a Portion of Assessor’s Parcel No. 144-170-004) from R-1 (Single Family Residential) to C-1 (General Commercial) (Planning)

Assistant Planner Lustig gave a staff report and responded to questions from Council.

Roger Watson, Albertson’s, stated that the former Lucky’s project is now an Albertson’s project, and requested that his application for rezoning of the parcel at St. Joseph’s Way be removed from the agenda, based on Council’s approval of the Downtown Commercial zoning district. He noted that the new submittal is 64% the size of the original project and includes much more landscaping and other desirable features.

So directed by the Mayor.

8A Review of Draft Cooperative Agreement for County-Wide Multi-Agency Procurement of Computer Assisted Dispatch Records Management and Mobile Data Communications Systems (CAD/RMS) (City Manager)

8B Update of information relating to the Computer Aided Dispatch/Records Management System (CAD/RMS) for the Police Department (Police)

Interim City Manager Brown and Police Chief Stewart presented reports on the subject and responded to questions from Council. They recommended Council not take a position on the agreement at this time but consider the matter again at a meeting in November.

There was no public comment.

9. Authorize Interim City Manager to execute Engagement Letter to Provide Solid Waste Contract Negotiation Support (City Manager)

Interim City Manager Brown and Assistant Planner Lustig reviewed the staff report and responded to questions from Council.

Yvonne Van Dyke, 466 Christensen Court, asked what time trash collection vehicles can legally go into residential areas. Upon calling Larry’s Sanitary Service, she was told they can go into commercial areas at 4:00 a.m. and into residential areas at 5 a.m. Staff confirmed those times are correct.

Ken Foley, Larry’s Sanitary Service, responded to Mrs. Van Dyke’s comments, saying that they start at about 6:00 a.m. in Cotati, in response to requests from the City. He said he hoped Council would approve their proposal so the process can move ahead.

Vice Mayor Jensen asked what programs Waste Management can implement to help Cotati meet its AB 939 mandate. Mr. Foley responded that there are any number of things Waste Management can do once a new agreement has been reached.

 

It was moved by Cullinen, seconded by Eder, to authorize the Interim City Manager to execute an Engagement Letter to Provide Solid Waste Contract Negotiation Support with Hilton Farnkopf & Hobson, LLC in an amount not to exceed $16,500 contingent upon LSS/Empire Waste Management agreeing to reimburse the City of Cotati in full for costs of such contract negotiation support.

Yes: 4 No: 1 (Jensen)

Mr. Foley asked for confirmation of the above motion, which was given by the Mayor.

10. Decision to reschedule regular City Council meeting of Wednesday, November 24, 1999 to Tuesday, November 23 because of Thanksgiving holiday (City Manager)

There was no public comment.

Following Council discussion, it was moved by Eder, Jensen to reschedule meeting to Tuesday. Keep agenda light as Cullinen cannot attend.

Yes: 5 No: 0

11. Authorize cancellation of regular meeting of December 22, 1999; authorize closure of City Hall and Public Works facility from December 24, 1999 through January 3, 2000 (City Manager)

Administrative Analyst Anna reviewed the staff report and responded to questions from Council.

There was no public comment.

Following brief discussion, it was moved by Cullinen, seconded by Eder, to:

1. Authorize cancellation of the regular meeting of December 22, 1999 and request staff to issue a press release to the local newspapers advising of the cancellation and noting that the date of the next regular meeting is January 12, 2000.

2. Authorize closure of City Hall and the Public Works facility from Friday, December 24, 1999 through Monday, January 3, 2000, allowing employees to utilize their two eligible days for alternate Fridays which fall on holidays this year, one rescheduled Christmas holiday, and two personal leave days as part of the Christmas/New Year week holiday; and request staff to appropriately advertise the facilities closures.

Yes: 5 No: 0

The meeting was recessed at 9:50 p.m. and reconvened at 9:56 p.m.

JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS

Call to Order

The joint meeting was called to order at 9:57 p.m.

 

Roll Call

Council/Agency Board Members present: Cullinen, Eder, Fox, Jensen, Berkemeier

Staff present: Brown, Dorch, McAdler, Anna, Walter

Consent Calendar

12. Approval of warrants and audited claims for the month of September, 1999

13. Receive and file revenue and expenditure report through September, 1999

It was moved by Fox, seconded by Eder, to approve Item 13 on the Consent Calendar.

Yes: 5 No: 0

Item pulled: No. 12. Finance Director McAdler provided information regarding several warrants questioned by Councilmember Eder.

It was moved by Eder, seconded by Cullinen, to approve Item 12.

Yes: 5 No: 0

Staff Reports

14. Transfer of General Fund Contingency to expenditure accounts; allocation of authorized expenses to undesignated fund balances: 1999-2000 Budget Amendment No. 1 (City Manager)

Interim City Manager/Executive Director gave a staff report and responded to questions from Council/Board.

There was no public comment.

It was moved by Cullinen, seconded by Jensen, to approve transfer of General Fund Contingency to expenditure accounts and to allocate authorized expenses to undesignated fund balances as 1999-2000 Budget Amendment No. 1.

Yes: 5 No: 0

15. Agency Board direction regarding the paving of a parking lot adjacent to the Inn of the Beginning (Assistant Executive Director)

Assistant Executive Director Dorch gave a staff report and responded to questions from Council/Agency Board.

There was no public comment.

Following Council discussion, it was moved by Cullinen, seconded by Fox, to direct staff and City Attorney to prepare an agreement between the Agency and the two property owners to repave the parking lot adjacent to the Inn of the Beginning.

Yes: 4 No: 1 (Jensen)

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

The joint meeting was adjourned at 10:22 p.m. and the regular City Council meeting reconvened.

LEGISLATIVE MATTERS

16. Consideration and possible action on proposed legislation – LCC Legislative Bulletin

There was no action.

CITY COUNCIL REPORTS

Brief announcements and reports on Council activities.

Councilmembers reported on meetings they have attended recently.

ADJOURNMENT

The meeting was adjourned at 10:26 p.m.

Respectfully submitted,

 

____________________________

Deputy City Clerk

* * *

NOTICE OF STATUTORY AUTHORITY FOR HOLDING A CLOSED MEETING OF THE CITY COUNCIL ON OCTOBER 27, 1999

Pursuant to California Government Code Section 54950 et seq., the City Council will hold a closed session. More specific information regarding the grounds for this meeting is provided below.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (G.C. Section 54956.8)

Property: Northeast corner of West Cotati and William Street, AP #144-261-010

Agency Negotiator: Interim City Manager

Negotiating Parties: Roman Catholic Bishop of Santa Rosa and City of Cotati

Under Negotiation: Price and terms of payment

____(signed)________________________

Deputy City Clerk