CITY OF COTATI
November 23, 2004
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 - 6:30 p.m.
(The
Regular Meeting takes place at 7:00 p.m.)
CITY COUNCIL MEETS IN CLOSED SESSION FOR THE REASONS
INDICATED BELOW
PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 54950.5 ET SEQ, THE CITY COUNCIL WILL MEET IN CLOSED SESSION.
CONFERENCE
WITH LEGAL COUNSEL - LITIGATION (Subdivision (a) of Section 54956.9)
Name
of case: Wells Construction vs. City of Cotati
RECONVENE TO OPEN SESSION OF CITY COUNCIL MEETING -
Mayor Gilardi called the meeting
to order at
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
ROLL CALL
Councilmembers present: Gilardi, Moore, Berkemeier, Kurvers, Orchard
Staff present: Stubbings, Woltering, Lustig, Bell, Nebb, Crawford
CLOSED SESSION ANNOUNCEMENT
Mayor Gilardi and
Assistant City Attorney Nebb stated that Council had met in closed session and
by unanimous vote, the Council authorized the City Attorney’s office to defend
the city in the matter of Wells Construction
vs. the City of Cotati, as well as allowing the city to retain expert
advice as necessary, and if appropriate, to file a cross complaint in that
action against LPA Associates.
NOTICE OF WAIVING READING
Amendments:
-- Notice
of waiving the reading of all ordinances introduced and/or adopted under this
agenda.
It
was moved by Berkemeier, seconded by Kurvers, to waive the reading of all
ordinances introduced and/or adopted under this agenda.
Yes: 5 No: 0
ORAL AND WRITTEN COMMUNICATIONS
Report from Sonoma State
University Representative
1. James Reilly III, representative from
Report by Honorary Mayor
2. Dan Hattem, Technology High School, gave a report on ideas he and his classmates have for a better Cotati. Mr. Hattem received an honorary mayor certificate from Mayor Gilardi.
Correspondence and Presentations
3. Suzanne Whipple presented Council with the Chamber of Commerce Quarterly Report for the period ending September 30, 2004. Topics included in her report were education information provided to member businesses at luncheons and through newsletters, climate protection, improvement of business’ bottom line by improving environmental performance, update on Cotati planning department, workshop on injury protection in the workplace, free replacement program for compact lights and exit signs offered by PG&E, and workshops through redwood empire small business. In addition, she reported on Cotati showcase, a new cooperative advertising program, the 2005 Sonoma County Visitors Guide Chamber advertisement, the end of farmer’s market and attendance issues and a radio station promotion held downtown. Ms. Whipple announced the second Community Guide with the Chamber membership directory would be available March 18, 2005. Councilmember Kurvers told Ms. Whipple the Cotati Chamber of Commerce was doing a great job.
Commissions, Committees, Boards and Task Forces
4. Planning Director Woltering gave report to Council on the applicant process for appointment to the Planning Commission. Bruce Hammond had resigned, and Dan Dutra and John Rock applied for reappointment. There were four applicants before Council with three openings. Dominic John Graham and Robert Coleman-Senghor also applied for a seat on the Commission. Mr. Graham was not in attendance at the Council meeting and Mr. Coleman answered questions from Council
The open appointment was filled first and Mayor Gilardi, Councilmember Berkemeier, and Councilmember Kurvers ratified Mr. Coleman as a member of the Planning Commission. Mayor Gilardi thanked Mr. Rock and Mr. Dutra for their work on the Commission and moved to reappoint them to the Planning Commission. Councilmember Berkemeier and Councilmember Kurvers ratified the appointments.
5. Planning Director Woltering reported to Council about the appointments to the Design Review Committee. Mayor Gilardi asked who was missing from design review and discussed the policy to follow when a member resigns. City Manager Stubbings stated two members had resigned from the Design Review Committee and told Council protocol could be followed at later meeting. Council directed this item to a future meeting.
Mayor Gilardi opened and closed public comment.
CITIZEN BUSINESS
Linell Hardy, 8171 Arthur Street, asked Council why the notification for the proposed land use was not included in the water bills. She also wanted to know if Council would hear more public comments regarding land use at the meeting.
Mike Meade, San Francisco resident and property owner on Lund Hill Lane, told Council he was caught up in a weed abatement program and would like to schedule a hearing to make an appeal on the assessment made on his property.
Mr. Harris, chairperson of the Rancho Adobe Fire District, asked Councilmember Kurvers not to schedule meetings on third meeting of the month which is a conflict with the fire department’s meeting. He stated he believes it takes away public comment because there is a scheduling conflict. He also asked, based on an article he read in the newspaper, why Cotati had the distinction for being one of the worst cities with regard to water conservation. He also wanted to know why the cost of water is so high in Cotati.
George Barich, Cotati resident, reiterated Mr. Harris’ comments about the scheduling conflict between the Cotati City Council and the Rancho Adobe meetings. He stated he felt that was a gross violation of peoples’ rights and those appointments should be opened to public comments. Mr. Barich stated he likes Mr. Coleman’s appointment to the Planning Commission because it will be a breath of fresh air with a new city perspective. Mr. Barich stated that at a recent incident before the Planning Commission a citizen accused personnel of lying, after which members of the Planning Commission dismissed that citizen’s accusation. Mr. Barich added that the Commission member’s job is to find the underlying cause of something and issues should be taken seriously.
Robert Coleman-Senghor, Cotati, brought the issue of traffic lights to Council attention. He gave examples of where he had seen problems, such as the turn off East Coati Avenue onto Old Redwood Highway and the street across from Marvin’s Restaurant.
Jan Kravitz, 79 William, stated William and Old Redwood Highway is a dangerous intersection and that he agreed with Mr. Coleman’s earlier comments.
Tony Adler, 8163 Arthur Street, stated he is being charged sewer costs based on how much water he uses and said Cotati residents pay some of the highest water bills in the area. He told Council he served 11 years on a city commission and he listened to public comments with courtesy. He added that the first time he spoke at a Planning Commission meeting, he felt he was treated rudely and without respect. He concluded by saying he believes a person who is not objective should not be on any city commission.
Mayor Gilardi announced she did not open public hearing for appointments and would do so after citizen business.
City Engineer Bertolero reported on the water conservation issue brought up in citizen business. She explained the report card rating people read about in the newspaper is an all or nothing report card scenario, and that Cotati is doing many things right that was not included in the newspaper article. She went on to say the article did not give a complete picture on the water conservation issue in Cotati, to which Councilmember Orchard echoed her sentiments on the weighted system, adding it was not a balanced report.
Finance Director Hayes gave a summary on how water bills are calculated. She clarified the three components of the bill, explaining the water charge, water based charge, and sewer charge. Mayor Gilardi directed a water study session for the public, bringing it forward as a future agenda item. Vice Mayor Moore asked if there were any other costs factored into resident water bills such as the Geysers project. Finance Director Hayes said some money for projects was factored into the bill. Councilmember Kurvers suggested using the water bill as a way to notice the public about upcoming items.
With regard to the scheduling conflict between Rancho Adobe and the Cotati City Council meetings, Mayor Gilardi said it was the first time there was a conflict this year and she apologized.
Mayor Gilardi reported on the comprehensive city traffic study being done and that the study will be going directly to the City Council. She added that traffic is becoming an issue in Cotati.
Mayor Gilardi opened and closed citizen business for commission appointments.
CITY MANAGER REPORT
City Manager Stubbings gave her report to the Council. She said new traffic signs were in place downtown for traffic purposes. She stated Cotati is always looking to improve driving safely in the city. City Manager Stubbings announced Thanksgiving closure for City Hall. In addition, City Manager Stubbings told Council packets have been created for incoming City Council members. At the December 8 Council meeting, there will be the election certification results. She asked Council for additional direction on the recruitment policy for commission members.
COUNCILMEMBER DIRECTION ON FUTURE AGENDA ITEMS
Vice Mayor Moore would like staff
to look at a more comprehensive tree ordinance and City Manager Stubbings told
Council that Public Works does respond during off hours.
CONSENT CALENDAR
Mayor Gilardi read the Consent Calendar titles and then asked if any items should be pulled for discussion.
Item #7 was pulled.
6. Adoption of Resolution 04-91 Extending Time Period of the Sonoma County Abandoned Vehicle Service Authority to April 30, 2015
It was moved by Berkemeier, seconded by Kurvers, to approve Consent Calendar item #6.
Yes: 5 No: 0
7. Approval of Membership to the Russian River Watershed
Association and Authorize the Mayor to Sign the Memorandum of Understanding
(File No. E 02-36)
Mayor Gilardi
asked for clarification on the legal and/or environmental ramifications for
joining the Association.
Mayor Gilardi opened public comment.
Linell Hardy, Arthur Street, wanted to know if the meetings were opened to the public. City Manager Stubbings replied it was open to the public and subject to the Brown Act. Meetings are held on the fourth Thursdays of every month, 9:00 a.m. to noon, Windsor Town Hall.
It was moved by Kurvers, seconded by Berkemeier, to approve Consent Calendar Item #7.
Yes: 5 No: 0
REGULAR AGENDA
8. Approval of Request from Waste Management, Inc., to Assess a
Commercial Overage Fee
Assistant City Manager gave his report to the Council.
Mayor Gilardi opened and closed public
comment.
It was moved by
Kurvers, seconded by
Yes: 5 No: 0
9. Approval
of Playground Safety Policy
Public Works Director Cunningham
gave his report to the Council. Vice Mayor Moore asked if older playgrounds
have held up well and she wanted to know if arsenic is in natural wood. Staff
replied REMIF did not find arsenic, but natural wood is being phased out in new
building anyway. Councilmember Berkemeier asked if some playground items have
been fixed. Staff reported to Council that items have been fixed and there is
ADA compliance. Vice Mayor Moore asked about La Plaza playground equipment
replacement, and added she liked the process of how well everything worked
together to complete the project.
It was moved by Berkemeier, seconded by Kurvers, to approve Regular Agenda Item #9.
Yes: 5 No: 0
10. Request Authorization to Temporarily Reclassify the Unfilled Positions of Police Lieutenant to that of Police Sergeant
Chief Stewart gave his report to the Council.
Mayor Gilardi opened and closed Public Comment.
Councilmember Kurvers stated she did not think it was a good idea because of a command issue and she wanted to know who would be in charge if the chief were gone. Chief Stewart and City Manager Stubbings emphasized it was a short-term fix but it accommodated a promotional opportunity which is good for current personnel morale. Mayor Gilardi thought it was a creative approach to the situation. Councilmember Kurvers asked for further clarification on command issues and responsibilities. Chief Stewart emphasized it would be a good temporary fix, good for morale and good towards keeping the police department staffed.
It was moved by Berkemeier, seconded by Orchard, to approve Regular Agenda Item #10.
Yes: 5 No: 0
Mayor Gilardi made short announcement missed
earlier – The annual tree lighting would be held on Wednesday, December 1, at 6:00
p.m. in La Plaza Park.
Mayor Gilardi broke the meeting at
11. Second
Reading and Adoption of Ordinance No. 766 An Ordinance of the City Council of
the City of Cotati Repealing Cotati Municipal Code Title 17, the Ordinances
Codified therein, including but not limited to Ordinance 149 and 303 and the
Zoning Map, Adopting a New Comprehensive Land Use code and New Zoning Map,
Repealing Chapters 11.12 and 14.30 of the Municipal Code and Rezoning Certain
Properties – continued
Senior Planner Lustig gave her report to the Council. She addressed Council and public concerns that were identified in two previous meetings. Council was given a copy of a letter mailed to businesses, and she reported that staff visited business owners in the downtown historic area on the previous Monday for which purpose it was to address any outstanding concerns with regard to the proposed land use code. Senior Planner Lustig reported business people felt comfortable with the new code, and they were encouraged to contact the City with any further questions and/or concerns. Senior Planner Lustig reported on the amendment of the general plan 1.4.1 which will be returned to the original language. She recommended adoption of the land use ordinance. Mayor Gilardi had more questions for staff including property valuation. Assistant Attorney Nebb replied she verified her answer with an appraiser on that very question and that there is no reassessment of property value when property is rezoned. Assistant Attorney Nebb reported the sale price is a primary consideration when a property is reassessed, as well as looking at a properties’ probable use, and it is all done on a case-by-case basis. Mayor Gilardi had another question about the second-story building requirement. Assistant Attorney Nebb answered as to how provisions in the housing element work with the new code. Mayor Gilardi said she wanted the word minimum removed from the language in order to be flexible. Assistant Attorney Nebb said the ordinance would have to be reintroduced if this is the case.
Mayor Gilardi opened Public Comment.
Linell Hardy, 8131 Arthur Street, talked about the urban growth boundary line language from the 1990 general plan. She had two concerns: (1) Measure E changed the urban growth boundary line without bringing it back to the voters; (2) the 1998 general plan adoption does not take into account Environmental Impact Report (EIR). She said she believes the issue would have legal ramifications if the language in the general plan were changed.
Jennie Blaker, 8166 Arthur Street, said Measure E was passed by voters in 1998 and in place for twenty years. She added in order to change the wording, voter approval would be needed and an EIR would be required.
Patty Foley, 7560 Commerce Blvd. (in escrow), stated she was a realtor and there was a different process for receiving loans for commercial vs. residential property, and this needs to be reviewed by Council.
Anna Young, 1818 La Plaza with property on Old Redwood Highway, asked Council to postpone this ordinance. She stated the proposed zoning ordinance is not a fluid document because zoning is a done deal. She added that next year work would be done on the general plan and advised Council not to jump in.
Tony Adler, Arthur Street, said the general plan states essentially that Cotati is to remain a small town. Mr. Adler said he believes the proposed land use code changes the whole face and ambience of Cotati, and is concerned it could hurt people. He questioned if there was a private agenda in place the public was not aware of, and wondered if the traffic study that is being done is connected in some way to the proposed land use ordinance. Mr. Adler said he does not believe Cotati citizens will benefit from the land use code. He said there would be a referendum if the land use code is passed and he asked the City Council to take a stand against the code.
Robert Coleman-Senghor, Cotati, shared some of the same concerns as Mr. Adler but stated he did not share Mr. Adler’s conclusions. Mr. Coleman said he believes the communication is an issue and gave examples of how to convey and clarify information to the public. He said he believes the citizens have asked Council not to move forward on this issue.
Anne Wallace Rock, 35 Page Street, expressed concern about how much time has to be given to citizens to participate, and the fact that many citizens wait until the end of the process to get involved and then a small contingent of people claim not to have been included in the process. She said she does not believe how a few people can disrupt a process that is so important. The concluded by saying the present code is confusing and the proposed land use code clearly defines what the rules are.
George Barich, Cotati, spoke about public notification, meetings he attended, and the workshops he attended when he was the only citizen present. He said he believes that the proposed ordinance should not be passed at this time. He said it is an important document with many things to be considered and urged Council to take more time.
Joel Reefe, 60 W. Cotati Ave., informed Council his business has no sidewalks or sewer in front but it would be zoned as a retail or restaurant only under the proposed ordinance. He said the proposed planning code does not offer a good mix of people and businesses in Cotati and he requested Council to take more time to consider the implications of the code.
Jan Kravitz, 79 William and active in several environmental causes, said he has concerns about environmental impact from the proposed land use code. He talked about the uniqueness of Cotati’s landscape that would be impacted by development resulting from the proposed land use code, citing several areas in the city where he said he believes it has happened already. He asked Council not to push through the land use ordinance.
Michelle Berman, Cotati resident, thanked the Council for listening to the public. She explained she meant to say 30% of the electoral cycle changes at election instead of her earlier comments about the 30% transient rate. Ms. Berman stated there could be a problem with financing rezoned property. As a citizen, she said she feels her voice is important even if it is at the last minute of the process. Ms. Berman asked Vice Mayor Moore about a non-green building project in Cotati and she thanked Councilmember Berkemeier and Councilmember Kurvers for their service to the city.
Greg LeDoux, 48 West Sierra, said he had concerns about zoning and the mix between retail and commercial. Mr. LeDoux said he believes many of the zoning uses are too restrictive and he said he would like to see more use that is general.
Mark Firestone, Cotati, protested the rush to adopt the land use code. He said he does not believe the public were properly noticed, he said he believes parts of the ordinance are flawed, and he believes the new zoning panders to big business. He recommended the city refrain from adopting the ordinance on the night of the meeting.
Dan Dutra, 140 Chadwick Way, talked about his involvement in the planning process. He said members of the commissions and councilmembers face conflicting information, and it is important to make decisions based on factual information. He said this ordinance would give more flexibility to homeowners. Mr. Dutra stated he would be concerned as a business owner if he was uninformed as to what is contained in the proposed land use code. He also talked about the green building principles incorporated into the land use code and he conclude by saying the proposed code had his support.
Christina Levis, 78 West Sierra Ave., said here comments were taken out of context in the Community Voice. She said her dealings with the planning department were very good. She added the children’s drama school wants to come in but she is on record saying she will not go down easy if she cannot open her school. She added she would like more retail, like a toy store, and asked for more consideration for families. She concluded by saying she believes everybody can come together and compromise on the proposed land use code.
Mayor Gilardi closed Public Comment.
Mayor Gilardi commented on the term fluid document and how it applies to the land use code. She then went down the list of questions that came to Council attention:
1. Urban growth boundary and Measure E – Assistant City Attorney Nebb gave information on the legal aspect on the urban growth boundary. She said confirmation was needed by viewing an ordinance and that she would get the definitive answer and report to Council, if possible, before the meeting ended that evening.
2. Concern on financing property with new zoning – Assistant City Attorney Nebb reiterated that use governs financing and Senior Planner Lustig stressed it was not an issue.
3. Concern about downtown zoning from office to retail – Senior Planner Lustig further explained the issue, and Mayor Gilardi told Mr. Reefe (who spoke earlier during Public Comment), that his property would be grandfathered in and he would have a great deal of flexibility in commercial options, even if he sold the property 20 years from now.
4. The question was asked why a zoning code was needed when there is a general plan – Senior Planner Lustig stated the general plan is the outline of what the community wants but the land use ordinance is the detailed rules governing the general plan. Based on the general code with no land use code, there is no way to direct the growth of the city. Assistant City Attorney Nebb stated the land use ordinance is a local law. Without a land use ordinance, anything could be developed without restraint, things that could potentially devalue property or smell or be objectionable to the public at large.
5. Mayor Gilardi explained why a traffic study is being done. The city was not pleased with the former traffic engineer so they have replaced him with a new engineer. The new engineer wanted to gather new data because he thinks it will be more reliable than the data secured from the former traffic engineer. That is the reason for the traffic study.
6. Mayor Gilardi stated there have been a number of public hearings, and study sessions and other hearings. She said putting it all in a neat package happened just in the last weeks. She said she does not believe there were not enough public hearings but perhaps there is a way to communicate the information more effectively to the public. She stated there could be balance in the commercial area with 50/50 retail synergy. Mayor Gilardi said she believes most public questions have been addressed but added the adoption could be postponed because there was no projects waiting on the code.
Mayor Gilardi
broke at
Report on Measure E from Assistant City Attorney Nebb reported Measure E dictated an amendment to the General Plan. The Urban Growth Boundary Line as shown on the 1990 map is different from the 1998 map. Some changes need to be made to 17.56.0.30 to make those changes in line with Measure E, as opposed to the earlier version of the Urban Growth Boundary.
Mayor Gilardi wanted to know if Council would remove the word minimum (with regard to building height) from the proposed land use code. There was consensus by all Councilmembers on this matter.
Mayor Gilardi wanted Council input on the 50% issue. Councilmember Kurvers stated there was still unease amongst business owners and said continued outreach would be in order to allay concerns the business people still have. She said she had no attachment in passing this ordinance before she left the Council and said she wanted to postpone the adoption of this ordinance
Vice Mayor Moore addressed a couple of concerns from the public including the no green building with Lowe’s. She explained the reason there was no green building included is because they had not adopted a zoning ordinance yet that would have incorporated it into the project. Vice Mayor Moore related to lost views property owners could encounter (she herself lost her view from a project). She said she wanted to postpone the adoption of the code and clean up of some of the language.
Councilmember Kurvers stated she feels badly that the city of Cotati has been disjointed for so many years because plans do not work together, but did not want to force the ordinance at the cost of people feeling unclear.
Councilmember Berkemeier thanked the Mayor for conducting a good meeting. He gave some examples of meetings past when it came to Cotati annexing land and spoke about how the city is utilizing the land. Councilmember Berkemeier said he would also like the language to be cleaned up and would like to make sure business owners are satisfied.
Councilmember Orchard agreed with the rest of the Council and stated the process could go on. She added the document was a good one but some more outreach and change is essential, so she is comfortable with continuing the process a while longer.
Mayor Gilardi
said the document was a very good document. The current zoning document is a
horrible document, it needs to be addressed, and the new document is a very
good start. She said she is not very satisfied with the public outreach,
especially with concerning the people who live in the area. Mayor Gilardi does
not believe this is the time for adopting the ordinance as there is still a
list of things that need to be fixed.
The City Council unanimously agreed to postpone the adoption of Ordinance 766.
JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS
Call to Order
The joint meeting was called to
order at 10:58 p.m.
Roll Call
Council/Agency
Members present: Gilardi,
Staff present: Stubbings, Dorch, Bell, Hayes
Consent Calendar
12. Approval of Warrants and Audited Claims for
November 4th –
It was moved by Councilmember Berkemeier, seconded by Councilmember Orchard, to approve the Consent Calendar.
Yes: 5 No: 0
The joint meeting
was adjourned, and the regular City Council meeting reconvened at
CITY COUNCIL REPORTS AND COMMENTS
Councilmembers reported briefly on meetings they have attended recently.
ADJOURNMENT
The meeting was adjourned at
Respectfully submitted,
_______________________________
Deputy City Clerk