CITY OF COTATI

January 9, 2002

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 - 6:00 p.m.

The meeting was called to order at 6:00 p.m.

CITY COUNCIL MEETS IN CLOSED SESSION FOR THE REASONS INDICATED BELOW

Mayor Berkemeier stated Council would meet in closed session for the reasons indicated below.

RECONVENE TO OPEN SESSION

The meeting was called to order at 7:00 p.m. by Mayor Berkemeier.

PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

ROLL CALL

Councilmembers present: Berkemeier, Orchard, Fox, Gilardi, Kurvers

Staff present: Shaddox, Dorch, Woltering, Hayes, Stewart, Anna, Nebb, Bertolero

CLOSED SESSION ANNOUNCEMENT

At the request of the Mayor, Assistant City Attorney Nebb reported that Council had met in closed session. With regard to each item on the closed session notice:

Public Employee Discipline/Dismissal/Release (G.C. §54957)

Not discussed; was pulled from the closed session agenda

Conference with Legal Counsel - Existing Litigation [G.C.§54956.9(a)]

Nothing to report

Conference with Real Property Negotiators (G.C. §54956.8)

80 George Street – not discussed

Caltrans Park and Ride - not discussed

Wilford Lane Property - no action to report

Portion of Staley Property - no action to report

Conference with Legal Counsel - Anticipated Litigation [G.C. §54956.9(b)]

Nothing to report

 

APPROVAL OF MINUTES AND NOTICE OF WAIVING READING

1. Regular meeting of December 12, 2001

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

Vice Mayor Orchard requested the minutes of December 12, 2001 be amended under Item 9, the paragraph summarizing Council comment just prior to the vote. Her comments should reflect her statements that she thinks they (Waste Management, Inc.) are entitled to the increase and she is satisfied that the documentation attached to their request justifies it.

It was moved by Gilardi, seconded by Kurvers, to approve the minutes of December 12, 2001, amended pursuant to Vice Mayor Orchard's request above, and to waive the reading of all ordinances introduced and/or adopted under this Agenda.

Yes: 5 No: 0

Item No. 3, the Proclamation, was taken at this time, immediately prior to the Council Reorganization.

REORGANIZATION OF CITY COUNCIL

-- Election of Mayor

City Manager/City Clerk Shaddox called for nominations for Mayor.

Harold Berkemeier nominated Janet Orchard for Mayor. There were no further nominations

Greg Brennan, 8045 Lund Hill Lane, said he heartily approved of the nomination of Janet Orchard for Mayor.

George Barich, 176 W. Cotati Oaks Court, said he has been coming to City Council meetings for several years now. He noted that there has generally been a tradition of moving the Vice Mayor to Mayor, but Pia Jensen was passed over for Mayor recently, so tradition was not followed. He asked Council to consider Pat Gilardi for Mayor because she has more experience with City issues than does Janet Orchard and is always very well prepared.

Patricia Jonas Voulgaris, Cotati, said she would be happy to see Janet Orchard take the helm.

Prue Draper, 718 W. School Street, said she and her husband have supported, and continue to support, Janet Orchard and hope she is chosen as Mayor.

It was moved by Kurvers, seconded by Gilardi, to ratify the nomination of Janet Orchard for Mayor.

Yes: 5 No: 0

 

-- Election of Vice Mayor

City Manager/City Clerk Shaddox called for nominations for Vice Mayor.

Harold Berkemeier nominated Janet Kurvers for Vice Mayor. There were no further nominations.

There was no public comment.

It was moved by Berkemeier, seconded by Orchard, to ratify the nomination of Janet Kurvers for Vice Mayor.

Yes: 5 No: 0

EXPRESSIONS OF APPRECIATION TO OUTGOING MAYOR HAROLD BERKEMEIER

Councilmember Berkemeier expressed appreciation to his wife, Julie, for her support. He went on to thank Councilmembers for their support, as well as the City Manager and staff. He reflected that during this past year plans for the police facility have moved forward, and the downtown renovations have been completed.

RECESS TO RECEPTION

The meeting was recessed at 7:24 p.m. for a brief reception. The meeting was reconvened at 7:45 p.m.

ORAL AND WRITTEN COMMUNICATIONS

Announcements

-- Plan to attend one of the two Cotati Philharmonic Concerts to be held at 8 p.m. on Friday, February 1st and Saturday, February 2nd, at Spreckels Performing Art Center, Rohnert Park.

-- Mark your calendars now to attend the Pasta Dinner and Bingo fundraiser for the Kids Parade. The dinner will be held on Saturday, February 23 from 5 to 8 p.m. at the City Corporation Yard. Tickets are $10 for adults, and $5 for children.

-- A second annual Casino Night and silent auction to benefit the Helen Delevois Museum/ Library will be held Saturday, March 2nd at 6:30 p.m. at the Cotati Veterans' Building. Call 795-5225 for ticket information.

Mayor Orchard called attention to the announcements.

Report by Honorary Mayor

2. Patrick Burgess, El Camino High School

Honorary Mayor Burgess introduced himself and reported on his activities and interests. He is interested in drawing, playing pool and football and hopes to begin a career in silk screening after graduation. He responded to questions from Council. Mayor Orchard thanked him for his presentation.

Proclamation

3. Acknowledging the Rancho Cotate High School Varsity Football Team, Coaches, Band, and Spirit Leaders

(This item was taken immediately prior to the Council Reorganization.) Councilwoman Gilardi read the proclamation to the assembled varsity football team, spirit leaders, band members, and coaches, to applause by the audience. Mayor Berkemeier thanked and congratulated them.

Commissions, Committees, Boards and Task Forces

4. Appointments to Planning Commission and Community and Environment Commission

City Manager Shaddox reviewed the appointments to be made to the two commissions and called attention to the late-arriving application for Planning Commission from Michael Williams.

Planning Commission Appointments

It was moved by Berkemeier, seconded by Gilardi, to accept for consideration the application from Michael Williams.

Yes: 4 No: 1 (Fox)

At the invitation of the Mayor, commission applicants introduced themselves and spoke regarding their interest in appointment. Mayor Orchard thanked all who applied and urged them to apply again if they are not appointed tonight.

Mayor Orchard appointed Kelly McClelland and Jerry Pagnusat to two year terms on the Planning Commission, effective immediately through December, 2003.

It was moved by Berkemeier, seconded by Kurvers, to ratify the Mayor's appointments.

Yes: 5 No: 0

Kelly McClelland said she has enjoyed her first term on the Planning Commission and is happy to be able to serve again. She encouraged those who applied for the Planning Commission and were not appointed to apply for the Community and Environment Commission.

Mayor Orchard echoed Ms. McClelland’s suggestion that applicants consider the Community and Environment Commission and volunteering in general in the community.

Community and Environment Commission Appointments

At the invitation of the Mayor, commission applicants introduced themselves and spoke regarding their interest in appointment.

Mayor appointed Jordan Pelot-Whitcomb, William Swearingen and Clifton Davenport to two-year terms on the Community and Environment Commission, effective immediately through December, 2003.

It was moved by Kurvers, seconded by Berkemeier, to ratify the Mayor's appointments.

Yes: 5 No: 0

Staff was directed to initiate a recruitment program to fill the remaining vacancy on the Commission.

The new appointees introduced themselves and spoke regarding their interest in the Commission.

Jordan Pelot-Whitcomb introduced himself and said he has enjoyed working on the Commission and welcomes the new appointees.

CITIZEN BUSINESS

George Barich, 176 W. Cotati Oaks Court, spoke regarding the lease of a portion of the former middle school facility to the Chamber of Commerce. He wanted to clarify his statement about Chamber members supporting certain Councilmembers when they run for office. He emphasized that he feels the Council puts the Chamber’s interests before the children of Cotati. He asked that more members of the public join in planning for the multi-use room, and that planning not be left to a few individuals.

June Silva, 8575 Loretto Avenue, asked that Council place on an agenda in the near future the matter of garages being converted to living units. There are several in her area, she said, she does not feel they are safe, and they adversely affect parking.

Patricia Jonas Voulgaris, Cotati, asked Council to encourage new businesses in Cotati as well as new homes, to help continue improving the City.

Joan Simon, 618 W. School Street, said there was to have been a subcommittee formed to discuss the development process and she hoped that would happen soon.

COUNCILMEMBER DIRECTION ON FUTURE AGENDA ITEMS

Vice Mayor Kurvers asked that it be clarified that the Chamber is renting space from the City, and the space is being shared with the City Recreation Director. Councilman Berkemeier emphasized that the City does not donate money to the Chamber.

In response to a question, Assistant City Manager Dorch said he has responded to Ms. Silva’s concerns stated above.

 

PUBLIC HEARINGS

5. Adoption of Resolution No. 02-01 Approving a Mitigated Negative Declaration and Mitigation Monitoring Program to Subdivide a 7.03-Acre Parcel into Seven Lots Located at 8028 Gravenstein Highway (PA #15/00, AP# 144-100-01, Durenberger).

Adoption of Resolution No. 02-02 Approving a Tentative Map for the Subdivision of a 7.03-Acre Parcel into Seven Lots Located at 8028 Gravenstein Highway (PA# 15/00, AP# 144-100-01, Durenberger).

Introduction of Ordinance No. 724 Rezoning Lot 1 (2.99 Acres) of the Durenberger Subdivision, Located at 8028 Gravenstein Highway, from AR-1.5 (Agricultural-Residential, 1.5 units per acre) to C-1 (General Commercial); and Rezoning Lots 2-7 (4.05 Acres) of the Durenberger Subdivision from AR-1.5 to AR-1.5:PUD (PA# 15/00, AP# 144-100-01, Durenberger). (Planning)

Staff recommended that the public hearing be opened and continued to the regular meeting of January 23, 2002.

It was moved by Berkemeier, seconded by Fox, to continue the public hearing to the regular meeting of January 23, 2002.

There was no public comment.

Yes: 5 No: 0

6. Authorize staff to solicit Requests for Proposals for preparation of Zoning Ordinance Update and Negative Declaration (Planning)

Planning Director Woltering gave a staff report and responded to questions from Council.

Kelly McClelland, 121 Ahlstrom, said she would wholeheartedly support the proposal to retain a consultant for preparation of the Zoning Ordinance Update because it is a large and daunting task.

Paul Foti, 7883 Old Redwood Highway, said the City has had a pretty disastrous run with consultants, in that they don’t seem to really listen to people. He asked that whoever is hired have a good track record for listening to all sides.

It was moved by Gilardi, seconded by Berkemeier, to direct staff to solicit proposals for the preparation of the Zoning Ordinance Update and Negative Declaration and to return to the City Council for consultant selection and allocation of funds.

Yes: 5 No: 0

CONSENT CALENDAR

7. Approval of request to extend the life of the Dale Tentative Map for an additional year.

It was moved by Fox, seconded by Kurvers, to approve the Consent Calendar.

Yes: 5 No: 0

REGULAR AGENDA

8. Consideration and possible action to approve traffic calming recommendations for Loretto Avenue; appropriation of funds to accomplish same (Police Chief, City Engineer)

Police Chief Stewart and City Engineer Bertolero gave a staff report and responded to questions from Council. Bertolero noted that residents have made it clear that they don’t want speed bumps, so she recommended Council approve Option A with direction to staff to come back in 120 days with a report on a repeat survey in the area. If it appears the concerns of the neighborhood have not been addressed by the measures implemented in Option A, speed bumps or closure of Benson Lane could be reconsidered at that time.

Mark Firestone, 8483 Loretto Avenue, read a statement which declared that speed bumps are not the answer, and he and his neighbors are opposed to them if other options exist. He suggested some sort of barrier be installed which would prevent left turns from Benson onto Loretto. He said his neighbor, Casey, has an even better idea.

Casey Colvin, 8467 Loretto Avenue, said he proposes having a barrier in a "T" shape between Benson and Loretto, sticking out about 6'-7' with signage stating "No Left Turn" and a sign at the corner of Benson and Loretto going south stating "No Right Turn". There would still be access for police and fire vehicles. He said he would like Option A implemented.

Kimberly, 8480 Loretto, said she has two children who have to walk to school through the traffic, she has trouble getting into and out of her driveway, and she is not sure what the best solution is, but she asked Council to consider the safety of her and her family.

June Silva, 8575 Loretto, said she disagrees with Mark’s suggestion of blocking a left turn at Loretto.

George Barich , 176 W. Cotati Oaks Court, said the citizens on the west side of Cotati will be affected sometime in the future by similar concerns. He suggested that possibly there can be too much "connectedness" in the City, leading to cut-through traffic such as on Loretto and Benson. He said a neighborhood’s tranquility should be considered above "connectivity".

Tim Foley, 8473 Loretto, said he finds it interesting that traffic has increased three-fold in the interim between the first and second surveys. He favors closing off Benson Lane, though Option A would be his second choice.

John Rock, 35 Page Street, said Option A is a good one, with some additional stop signs in the Lincoln/Loretto/Benson area. He said closing off Benson Lane does not help in creating a community, whereas Option A will go a good way toward calming traffic and making it work for the community.

Councilwoman Gilardi clarified the idea of connectedness – that if there are enough connecting streets, then one or two neighborhoods do not have to bear all the traffic. She would like Option A instituted with a follow-up study later to look at results.

Councilman Fox said meeting with the residents worked quite well – the subcommittee got to see what actually goes on with the traffic in the neighborhood. He said he is in favor of Option A with a follow-up report in 120 days, and is intrigued by Mark’s idea of the "T". He asked if the City Engineer could research the suggestion and report back. He added that possibly a roundabout might work in that location. He thanked the residents for attending the meeting and helping to create options. He asked to agendize an item to address issues related to safety of bridges and pathways.

Councilman Berkemeier stated he would like to see something done to slow down the traffic and would like Mark’s idea researched.

Councilwoman Kurvers said that the increase in traffic might be directly related to the changes in the downtown. She said she would support Option A with a reevaluation and further suggestions from neighbors.

It was moved by Fox, seconded by Berkemeier, to approve traffic calming option A for Loretto avenue as presented by staff, with reevaluation in 120 days, the subcommittee working on the other issues including "dog park," a report back from staff on other suggestions made tonight, and to allocate $2,500 from the General Fund streets account #403 to accomplish the work.

Councilwoman Kurvers asked the subcommittee to extend their study area to her part of town to address similar items there.

Yes: 5 No: 0

JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS

Call to Order

The joint meeting was called to order at 9:11 p.m.

Roll Call

Councilmembers present: Berkemeier, Orchard, Fox, Gilardi, Kurvers

Staff present: Shaddox, Hayes, Anna

 

Consent Calendar

9. Approval of Warrants and Audited Claims for the period December 6-19, 2001.

It was moved by Fox, seconded by Gilardi, to approve the Consent Calendar.

Yes: 5 No: 0

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

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

CITY COUNCIL REPORTS AND COMMENTS

-- Brief Announcements and Reports on Councilmember Activities.

Councilmembers reported on meetings they have attended recently.

ADJOURNMENT

The meeting was adjourned at 9:25 p.m. in memory of Dick Mathews, former volunteer coordinator for the Cotati Philharmonic Orchestra.

Respectfully submitted,

__________________________

Deputy City Clerk

* * *

THE CITY COUNCIL/AGENCY BOARD OF DIRECTORS WILL MEET IN CLOSED SESSION FOR THE REASONS INDICATED BELOW:

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (G. C. §54957)

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

Property: 80 George Street (AP# 144-272-007)

Agency Negotiator: Executive Director

Negotiating Parties: Cotati Community Redevelopment Agency and unknown parties

Under Negotiation: Price and terms of payment

Property: Wilford Lane Property (AP# 144-070-024)

Agency Negotiator: City Manager

Negotiating Parties: City of Cotati and Burbank Housing

Under Negotiation: Price and terms of payment

Property: Portion of Staley Property (AP# 144-320-019)

Agency Negotiator: Executive Director

Negotiating Parties: Cotati Community Redevelopment Agency and Sonoma County Transit

Authority

Under Negotiation: Price and terms of payment

Property: Caltrans Park and Ride (AP# 144-170-003)

Agency Negotiator: Executive Director

Negotiating Parties: Cotati Community Redevelopment Agency and Caltrans

Under Negotiation: Price and terms of payment

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 potential case