CITY OF COTATI
March 22, 2000
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 by Mayor Fox at 6:31 p.m.
CITY COUNCIL MEETS IN CLOSED SESSION FOR THE REASONS INDICATED ON THE ATTACHED NOTICEMayor Fox stated that Council would meet in closed session for the reasons indicated on the attached notice.
RECONVENE TO OPEN SESSIONThe meeting was called to order at 7:04 p.m.
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
ROLL CALL
Councilmembers present: Berkemeier, Eder, Jensen, Fox
Councilmembers absent: Cullinen
Staff present: Brown, Dorch, Moore, Nebb, Sime
APPROVAL OF MINUTES AND NOTICE OF WAIVING READINGVice Mayor Jensen requested the minutes be amended on page one in regard to a comment from Vice Mayor Jensen directed to Mr. David Hardy, 118 Parkway Drive, Rohnert Park and, if Mr. Hardy had been in contact with Mr. Rick Savel re growth issues. Mr. Hardy's response was 'yes'. Vice Mayor Jensen requested the minutes be amended on page nine in regard to her question to Mr. John Lowry, Burbank Housing regarding the final cost per square foot of the project. Mr. Craig Meltzner, Burbank Housing stated the final cost per square foot of the project was $170.
It was moved by Councilmember Berkemeier and seconded by Vice Mayor Jensen to approve the minutes of March 8, 2000 as amended and to waive the reading of all ordinances introduced and/or adopted under this agenda.
Yes: 4 No: 0 Absent: 1 (Cullinen)
1. Regular meeting of March 8, 2000
Notice of waiving the reading of all ordinances introduced and/or adopted under this agenda.
CITIZEN BUSINESS
Tina Poles, Cotati, commented on co-housing and requested a change in the master plan in regard to community housing.
Mark Firestone, 843 Loretto Ave., expressed his condolences in regard to Councilmember Cullinen’s personal loss. Mr. Firestone announced the formal withdrawal of the notice of intention to circulate recall petitions.
Nick Alva, Cotati, commented individuals' views regarding the recall campaign.
Sarah McNair, Cotati, former Environmental Advisory Commission member, expressed her support for Councilmember Berkemeier, Councilmember Cullinen and her concern regarding the recall campaign.
George Barich, 176 W. Cotati Oaks Ct., was supportive of the recall campaign and mentioned allegations against certain Councilmembers. Mr. Barich expressed concern regarding: 1) the Maple Street drainage, 2) the cost and installation of video system within City Council Chambers, 3) the allocation of funds for assault rifles, 4) the paving of West Cotati Avenue, 5) the termination of a former City Manager, 6) open government, 7) a request for certain traffic revenues, 8) purchases related to the City Police Department, and 9) the recent mayoral selection process.
Pat Voulgaris, Dorfmann Dr., Cotati, expressed her condolence for Councilmember Cullinen’s personal loss. Ms. Voulgaris also commented on the outcome of the recall campaign, the need for a building for the Delevois museum/library and would like to see Council energy channeled in a forward direction.
Theresa Eaton, 117 Silver Dr., mentioned issues with the Community Voice and felt the publication did not accurately represent citizens' comments.
Tony Adler, Arthur St., Cotati, expressed his condolence for Councilmember Cullinen’s personal loss. He commented on the outcome of the recall campaign, planning and environmental issues.
Mayor Fox closed Citizen's Business.
CONSENT CALENDAR Items pulled: Item 2 was pulled by Councilmember Eder.A motion was made by Councilmember Eder and seconded by Vice Mayor Jensen to approve the remaining Item (No. 3) of the Consent Calendar.
Yes: 4 No: 0 Absent: 1 (Cullinen)
2. Approval of street names for all streets within the Park Meadows Subdivision.
Councilmember Eder requested clarification from the Assistant City Attorney regarding the need to abstain from this item due to a financial interest within the vicinity of the subdivision. Assistant City Attorney Nebb felt there would be very little possibility that the naming of a street could affect the economic interest of Councilmember Eder's property.
Vice Mayor Jensen would like to see a master list incorporating Ms. Draper's list and Mr. Arch Stewart's list for future consideration.
A motion was made by Vice Mayor Jensen and seconded by Mayor Fox to approve street names for streets within the Park Avenue Subdivision.
Yes: 4 No: 0 Absent: 1 (Cullinen)
3. Second reading and adoption of Ordinance No. 701 Providing that a Property may be Connected to the Sewer System Prior to Annexation Under Specified Terms and Conditions.
ORAL AND WRITTEN COMMUNICATIONS Announcements
Councilmember Eder clarified this property is directly behind City Hall.Vice Mayor Jensen asked if
everyone would be notified via flyer of this meeting. Planning Director Dorch stated flyers would be
distributed as well as a notice in the paper.
Report by Honorary Mayor
A student Honorary Mayor presentation was not available.
Correspondence and Presentations
4. Receive and file correspondence from Redwood Empire Municipal Insurance Fund transmitting $59,267 as refund from liability and workers’ compensation programs.
Council consensus was to receive and file the correspondence.
5. Receive and provide direction regarding request from Carolyn Dixon for habitat enhancement project along Laguna de Santa Rosa.
Mayor Fox asked if the letter could be included with a Staff Report on the subject at a future Council meeting.
Planning Director Dorch stated this correspondence would be included as part of the Marsh Way Bike Path package and would be agendized for the first Council meeting in May.
-- A presentation and update of the Cotati Philharmonic was postponed until the arrival of
Mr. Gabriel Sakakeeny, Conductor of the Cotati Philharmonic orchestra.
Commissions, Committees, Boards and Task Forces
6. Community and Environment Commission
Appointment to student membership – Jordan Pelot-Whitcomb, applicant.
Mr. Jordan Pelot-Whitcomb expressed his desire to serve on the CEC Commission.
Councilmember Berkemeier asked Council to consider a student vote on the Commission.
Vice Mayor Jensen suggested this matter might have to be agendized as it is a different part of the process.
City Attorney Nebb reviewed the ordinance pertaining to the CEC and clarified that 1) it did not provide for a non-voting member, 2) it appeared that the ordinance did not prohibit a minor from sitting on this particular commission, 3) the ordinance did not address a non-voting member at all, and that 4) the position would be with voting rights as the ordinance is currently comprised.
In answer to Vice Mayor Jensen's comment, City Attorney Nebb stated if it were Council's intent to provide for a non-voting member of the commission, Council would need to take a look at that ordinance and provide for non-voting member.
In regard to commission appointment, Vice Mayor Jensen suggested agendizing the matter of commission member voting privileges and advisory seats at some future date. Councilmember Eder was in favor of the suggestion.
A motion was then made by Mayor Fox and seconded by Vice Mayor Jensen to ratify the appointment of Jordan Pelot-Whitcomb as student representative to the Community and Environment Commission.
Yes: 4 No: 0 Absent: 1 (Cullinen)
STAFF REPORTS
7. Adoption of Resolution No. 00-17 Ratifying Ordinance No. 1999-2 of the Rancho Adobe Fire Protection District with Certain Conditions. (Planning)
A staff report was given by Planning Director Dorch who responded to questions from council.
Mayor Fox asked if there were questions from Council.
In answer to a question from Vice Mayor Jensen regarding necessary requirements for street width, Planning Director Dorch explained the Fire Department did not have jurisdiction to tell the City dimensional standards of streets.
A motion was made by Vice Mayor Jensen and seconded by Councilmember Berkemeier to approve Resolution No. 00-17 Ratifying the Rancho Adobe Fire Protection District Ordinance No. 1999-2 with the condition that Sections 901.4.2 (Fire Apparatus Access Roads), 902.2.2.1 (Dimensions), 902.2.3 (Turning Radius), 902.2.4.3 (Parking) and 902.2.4.4 (Obstruction) shall not apply to public streets and highways, for which standards shall remain under the jurisdiction of the City of Cotati.
Yes: 4 No: 0 Absent: 1 (Cullinen)
8. Receive and file report on water/sewer late fees; authorize change in late fee waiver policy (Finance)
A Staff Report was given by Interim Finance Director Moore who responded to questions from Council.
Mayor Fox asked for public comment.
A motion was made by Councilmember Eder and seconded by Councilmember Berkemeier that the City continue the $15 late fee and modify existing policy to allow for one (1) late fee waiver per two (2) year period instead of per count as currently co-figured.
Yes: 4 No: 0 Absent: 1 (Cullinen)
9. Provide direction regarding expanding and clarifying certain sections of the 1998-99 Annual Financial Report (Finance)
A report was given by Interim City Manager Brown who responded to questions from Council.
Interim Finance Director Moore clarified questions raised from Vice Mayor Jensen which included:
1. Cash investments.
2. Components of a special financing agreement and clarification of verbiage.
4. Statistics relating to water/sewer usage.
3. Amount of City insurance coverage.
Interim Finance Director Moore replied affirmatively to a question posed by Councilmember Eder whether funds deposited over $100,000 were 100% insured.
Planning Director Dorch responded to a question from Vice Mayor Jensen in regard to opportunities existing for altering the tax increment participation agreements in favor of the City.
Referencing Vice Mayor Jensen's lists of questions, Interim City Manager Brown asked Vice Mayor Jensen to clarify and prioritize those questions she would like Staff to bring back for Council review.
With regard to Interim City Manager Brown's comment, Councilmember Eder recommended a subcommittee of the Council be organized to work with City Staff to research answers to Vice Mayor Jensen's questions. Councilmember Eder volunteered to serve on this subcommittee and requested Vice Mayor Jensen to assist on this committee as well.
Vice Mayor Jensen expressed her desire for a graphical representation of the requested information.
Interim Finance Director John Moore commented research on this project would be time consuming due to the length of his position and the time needed for investigating the project. Vice Mayor Jensen stated she had no problem with the exploration of this project lapsing into another Finance Director position. Vice Mayor Jensen questioned the necessity of a subcommittee, and asked Council to advise Staff to proceed with her request with the understanding that the project would involve some Staff time.
Councilmember Eder reiterated that he and Vice Mayor Jensen could do some of the work with Staff's assistance and guidance.Vice Mayor Jensen stressed that she did not have the financial knowledge to assist in researching the project and requested Staff to participate fully in the research of her requested information.
Councilmember Berkemeier was not in favor of Staff involvement in researching the requested information due to time element involved.
Mayor Fox stated most of the requested information was listed in the audit and felt questions related to the water and sewer study would be forthcoming in form of a report.
Mayor Fox reiterated that questions 1-9 had been answered and that the sewer study may help with the budget process. Mayor Fox supported research regarding George Street, the West Sierra Avenue lot, Christensen Lane and the Little League field and felt the remainder of Vice Mayor Jensen's questions had been sufficiently answered.
Councilmember Eder supported an overview of the cost of downtown parking. Councilmember Eder felt the Little League and park master plan session were in continuance and that the Christensen Lane issue would be reported out from Closed Session.
Vice Mayor Jensen placed high priority on the collection of receipts from the Christensen Lane and Little League projects.
Council consensus regarding expanding and clarifying certain sections of the 1998-99 Annual Financial Report was:
1. To agendize (for a future date) a parking analysis in relationship to the West Sierra and George Street lots;
2. Staff to bring back the Christensen Lane information;
3. Prioritize the Christensen Lane information as soon as feasibly possible and to incorporate the Little League information as well.
Councilmember Berkemeier questioned research timeline for Staff. Vice Mayor Jensen stated that whatever time constraints worked for Interim Finance Director Moore would be appropriate.
In answer to a question from Councilmember Eder, Vice Mayor Jensen stated she would not pursue a graphical representation of the requested information.
Mayor Fox opened the public hearing.
Pat Voulgaris, Dorfmann Dr., Cotati, stressed the fact that the City had a competent Interim Finance Director and Interim City Manager, that she had faith in these staff, and would like Council to move forward.
Barry Harris, Cotati, commented on downtown parking.
Cole Keller, 403 W. Sierra Avenue, commented on the park planning meeting of April 1st.
Mayor Fox closed the public hearing.
--At this time Mr. Gabriel Sakakeeny gave a report and update on the Cotati Philharmonic.
Mr. Sakakeeny mentioned the July 3, 1999 and February 8, 2000 concerts had brought in1200 individuals.
Mr. Sakakeeny also read correspondence received from concert attendees praising this extraordinary orchestra comprised of all volunteer musicians.
JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS Call to OrderThe Joint Meeting of City Council and Redevelopment Agency Board of Directors was called to order at
8:20 p.m.
Roll CallCouncil/Agency Board Members present: Berkemeier, Eder, Jensen, Fox
Council/Agency Board Member absent: Cullinen
Staff present: Brown, Dorch, Moore, Nebb, Sime
Consent CalendarIt was moved by Councilmember Berkemeier and seconded by Vice Mayor Jensen to approve the Consent Calendar as presented.
Yes: 4 No: 0 Absent: 1 (Cullinen)
12. Approval of warrants and audited claims for February, 2000.
The Joint Meeting was adjourned and the regular City Council meeting reconvened at 8:26 p.m.
CITY COUNCIL REPORTS
Vice Mayor Jensen attended the Association of Bay Area Governments Legislative and Governmental Organization Committee meeting which reviewed land use and other fiscal oriented legislation. Vice Mayor Jensen stated that she was impressed with Tom Torlakson's Package of Ten regarding land use and incentives regarding growth, and would bring this information for Planning Director Dorch to review. Vice Mayor Jensen further commented on the Executive Board portion of this meeting addressing the housing allocation issue.
Councilmember Eder commented on future park sites for the Little League as researched by Interim City Manager Brown. Councilmember Eder would like to agendize this information for a future meeting.
Pia stated she supported this idea. Councilmember Eder stated that he will submit a written request at the time the Staff Report is prepared in case there is need for clarification or modification before Council moves forward on the issue.
Mayor Fox commented that a park study group is needed for the City.
Mayor Fox mentioned attending the Transportation Authority meeting on Monday, March 20th in Councilmember Cullinen’s place and that he had Linda Sime place a transportation report entitled, "Bay Area Transportation Blueprint for the 21st Century" in Councilmember boxes.
Vice Mayor Jensen asked if anyone had discussion about the tearing-out of redwood trees/oaks along Highway 101.
Interim City Manager Brown stated he is planning a 2x2x2 meeting with two representatives each from the Cotati and Rohnert Park City Councils and the School District on Thursday, March 30th, 5:00 p.m., City Hall Conference Room. Interim City Manager Brown requested Mayor Fox and Vice Mayor Jensen to be among those in attendance.
Councilmember Berkemeier made reference to the Cotati Chamber of Commerce Breakfast which will be held Thursday, March 23, 2000 at New Marvin's Restaurant, Cotati.
Ms. Pat Voulgaris mentioned transportation issues.
Mayor Fox adjourned the meeting to March 23, 2000, 2:00 p.m., City Council Chambers.
ADJOURNMENT - the meeting was adjourned at 8:36 p.m. to Thursday, March 23 at 2:00 p.m. for presentation of report from Walkable Communities charrette.
(Signed)
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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:
PUBLIC EMPLOYEE APPOINTMENT (G. C. Section 54957)
Title: City Manager
Deputy City Clerk