The meeting was called to order by Mayor Berkemeier at 6:45 p.m.

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

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

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

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

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

Yes: 5 No: 0

1. Regular meeting of August 25, 1999

Mayor Berkemeier introduced Mr. Brown and welcomed him as Interim City Manager.

There was no public comment.

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

Yes: 5 No: 0

Mayor Berkemeier called attention to the announcement.

Correspondence and Presentations

Bette Perez, Vice President for Community Development with United Way, reviewed the assessment of community assets compiled by the United Way and responded to questions from Council.

Following a presentation by Bonnie Black, it was moved by Cullinen, seconded by Fox, to authorize placement of the Chili Cookoff banner on Old Redwood Highway when the banner for Cotati Philharmonic concert is taken down on October 4.

Yes: 5 No: 0

4. Request approval of Eagle Scout Project (Konrad Beerbaum)

Mr. Beerbaum discussed his proposed project in Putnam Park and responded to questions from Council. Following Council discussion, it was moved by Fox, seconded by Jensen, to approve Option 2 – Approval of Konrad Beerbaum’s proposal for improvements to the bleachers at Putnam Park, with Mr. Beerbaum to supply equipment and workers and to coordinate the work schedule with the Public Works Department and the Little League; and, further, to approve expenditure of an amount not to exceed $700 for materials for the project, to be charged to Park Maintenance Supplies (01-61040-408); and further that a plaque be installed in that location acknowledging Mr. Beerbaum’s work.

Yes: 5 No: 0

5. Discussion of proposal for additional Little League field at Putnam Park

Connie Strouse, 203 Aguirre Court, requested a second field be constructed at Putnam Park.

Kevin Reynolds, 117 Pinewood Ct., said there are never enough fields for the kids to play on, and he requested Council approve a second field at Putnam Park.

Theresa Eaton, 117 Silver Drive, raised the question of the fate of soccer players. Mayor Berkemeier responded that he has looked into the matter and both can be accommodated at Putnam Park because they use the field at different seasons.

Terry Dutra, 140 Chadwick, said she would prefer a second field at Cator Field but would support a second field at Putnam Park. She noted that her son, Will, has donated a lot of volunteer hours to the City of Cotati but he many times must leave town to play ball.

Mike (inaudible) , 8825 Lund Hill Lane, spoke in favor of a second field in either location.

Dan Dutra, 140 Chadwick Way, encouraged Councilmembers to approve construction of a second baseball field.

Lisa Moore, 12 Kingston Lane, said that having a field close by is important to her because she walks with her children. She noted that Cator Field would be best for her and many other parents, but a second field is definitely needed.

Planning Director Dorch stated that parking is a problem at Putnam Park, and an alternative parking scheme which has been examined would yield only 12 additional spaces for a cost of approximately $28,000. He asked that there be clarification as to whether the Little League would pay for the second field or the City would.

Following Council discussion, it was moved by Eder, seconded by Fox, to direct staff to place on a future agenda an examination of construction of an additional Little League field in Cotati, possibly in Cator or Putnam Park, and the ramifications thereof.

Yes: 5 No: 0

Mayor Berkemeier suggested the matter be scheduled for a report back by mid-October.

Planning Director Dorch commented that the master plan for Cator field is dependent upon the footprint for the police facility. After that has been approved by Council, he will recommend the master plan process be continued. Councilmember Eder suggested looking at both concurrently.

The vote was taken on the original motion.

Yes: 5 No: 0

Proclamations

6. In Support of Kids’ First Book Drive: September 24 – October 23, 1999

Councilmember Cullinen read the Proclamation, which was approved by Council.

7. Declaring September 25, 1999 as Russian River Clean-Up Day

Vice Mayor Jensen read the Proclamation, which was approved by Council.

8. POW/MIA Recognition Day – September 18, 1999

Councilmember Fox read the Proclamation, which was approved by Council.

Add-on item regarding an agreement for preparation of certain financial reports.

It was moved by Cullinen, seconded by Jensen, to add to the agenda consideration of an item requesting authorization of Mayor to execute an agreement for preparation of certain financial reports, with the finding that the matter arose following posting of the agenda and must be acted upon prior to the next regular meeting.

Yes: 5 No: 0

Finance Director McAdler gave a brief report outlining the requirements for certain financial reporting and recommending that the City retain its auditor, Terry Krieg, CPA to prepare the reports.

It was moved by Cullinen, seconded by Eder, to authorize the City manager to execute an agreement with Terry Krieg, CPA in the amount of $2,500, to prepare the Annual Street Report and the Annual Report of Financial Transactions of Cities for 1998-99.

Yes: 5 No: 0

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

Councilmember Eder stated that he would like to see such items as recording of necessary deeds in writing rather than reliance on verbal assurances from a developer. He also noted that the developer must install speed bumps on El Rancho Drive.

Mayor Berkemeier read a letter from Pat Gilardi objecting to Option 2 on the grounds that it will make the Cypress/West Sierra Avenue intersection more dangerous.

Ed Gilardi, 45 Nelson Lane, asked that regardless of the plan selected, Council make the intersection a four-way stop to allow children to cross the streets more safely.

Ellen Ostrand, 469 Christensen Street, said she does not feel the intersection is going to be a safe one. She discussed photographs she had taken which demonstrate poor sight lines and poor design in the proposed configuration of the intersection. She read a letter from Anthony and Jamin Pimpo, 431 Christensen Court, opposing construction of a street connecting to West Sierra Avenue.

Tom Cort, 439 Christensen Street, thanked Council for allowing the subdivision to be built, and he recommended Council approve Option No. 3 (closing Christensen Street to through traffic and changing it to a parking area. He agreed that it would be a dangerous intersection, and asked that if it is approved as such, a four-way stop be implemented.

Ray (inaudible), 357 E. School Street, stated that the City had been provided with the information regarding the easements but nothing had been done.

Wallace Parker, 435 Christensen Street, thanked Council for the subdivision. He stated that making Christensen Street a through street would relieve some traffic in front of the school but not on El Rancho Drive. He opposed the street.

Cole Keller, West Sierra Avenue, said none of the residents on Christensen Street were notified of earlier public hearings on the subdivision. He stated the through street is not needed. He added the developer never had a verbal agreement with any of the property owners.

James Tuttle, 441 Christensen Court, also speaking for his sister at 443 Christensen Court, said he is concerned that there is a blind area with the proposed configuration of the intersection.

Dan Morgan, subdivision developer, stated he talked to affected neighbors, including Cole Keller, and two others, and got verbal okays for putting the street where it was then planned.

Karen Costanza, 427 Christensen Court, said an intersection would be dangerous. She suggested construction of stairs which would provide access from the street to the park and allow people to watch the ballgames in the park.

Theresa Eaton, 117 Silver Drive, said she agrees with the residents of Christensen Court that the intersection is a bad idea.

Theresa McNichols, 415 Christensen Court, agrees that a through street would be dangerous.

Ray (inaudible), 401 W. Sierra, said he definitely was not notified of public hearings, and that he was told the subdivision was a "done deal". He suggested the City Council and traffic engineers should take a walking tour and see how dangerous the street is. He suggested providing safe access to the park.

Planning Director Dorch stated that, when he initially examined the mailing lists for public hearing on the subdivision, he did not see the above speaker’s name. However, he later found several mailing lists for that notice.

Yvonne Van Dyke, 466 Christensen Court, said she hopes the plans for the park go back for further review. She said the fence for the park is right up against the street. She said the street is a mess now and will get worse with the rains.

Mark Soiland, 450 Christensen Court, said he works in construction of roadways, and said it would be convenient for him if the street were constructed through to West Sierra. Upon close inspection of the street, however, he said there is no way it can be made safe for the park or an intersection with West Sierra. However, he said his main problem is with the developer, as it is with many of his neighbors. He urged Council to be really careful in dealing with the developer from here on out, and find a way to satisfactorily complete the project before winter.

Kam Zaza, 418 Christensen Court, agreed that the street should not go through. He said that parking is already at a premium, and if the road were to go through, it would become much more dangerous.

Paul Foti, 7883 Old Redwood Highway, stated traffic would be very bad if the street goes through, and the situation must be addressed.

Louis Bonomi, who lives at the end of the road, wants the road put back the way it was, so that the garbage truck can get to his house.

Councilmember Fox stated he feels strongly that the notification process must be strengthened so that the City has assurance that people have received notification. He said he would favor not installing the street, although traffic impacts on El Rancho and School Street may be unfavorable.

Vice Mayor Jensen suggested we find out what it would cost to install flashing yellow lights at the pedestrian crossing at West Sierra. She said she feels retaining walls need to be installed on the slopes, and residential parking must be protected in the area. She stated that Mr. Bonomi’s fence should be put back up, and the City should take a look at what it would take to return the road to its natural state.

Councilmember Cullinen commented that the residents on El Rancho insisted back in 1996 that the road go in; and he is sure they will be unhappy if the road does not go in. He wants to make sure speed bumps go in on El Rancho and maybe on E. School Street as well. He said he is unsure at this point which option to choose regarding Christensen Street.

Councilmember Eder said he feels the sentiments of the residents of El Rancho must be respected, because the road was originally offered to placate them. However, he acknowledged that it is equally important to determine whether there is really a good reason to have the road. He asked if a looped water system can be installed, even without a street. He added that, here again, a decision on construction of a Little League ballfield is crucial to a decision on the road.

Vice Mayor Jensen suggested that a traffic count done now might provide additional information. Director of Planning Dorch remarked that the addition of the 24 houses in the subdivision does not affect the "A" level of traffic on E. School Street.

With regard to the actual need for the street, Dorch said that while not absolutely necessary, a street providing secondary access to the subdivision is sometimes a good idea. Also, it was recognized that the street would provide additional parking for the park.

Mayor Berkemeier said the road does not look good to him either. In response to a question from Berkemeier, Dorch said erosion can be addressed. Berkemeier continued that the intersection into West Sierra would be a real problem.

Planning Director Dorch commented that installation of the sewer and water lines are provided for in the budget.

City Attorney Walter suggested that Council take a straw vote on the major issues. Regarding the extension of the infrastructure, he said, it is unknown whether it is a good idea or not. For that reason, Council might wish to move that infrastructure issues be analyzed and reported on by City Engineer and reported back at next meeting, including recommendation as to who would pay for it. Inclusion of an agreement with the developer to extend infrastructure might be appropriate.

With regard to possible extension of the road: he recommended a straw vote be taken on the question tonight so staff would have an indication as to what direction to proceed on various issues. Or Council may wish to defer a decision on the road pending a decision on disposition of the park.

With regard to erosion control: he recommended Council adopt a motion compelling the developer to do the work at his own cost; or if it were to cost the City, then staff would have to come back with recommendations.

With regard to provision of parking: he recommended Council take a straw vote; or perhaps defer until a decision on the park.

City Attorney Walter further recommended Council vote to direct staff to research remedial action and damages.

He recommended Council take a straw vote on installation of speed bumps, and provide direction to staff on whether to investigate or not.

It was moved by Cullinen, seconded by Jensen, to direct staff to investigate the feasibility and desirability of installing sewer and water infrastructure and report back.

Yes: 5 No: 0

Road extension and installation of parking: A straw vote was 5-0 to not extend the road.

It was moved by Cullinen, seconded by Jensen, to direct staff to waive the requirement for road extension and come back to Council with amended conditions of approval and other arrangements to "even the balance", with the proviso that monies saved by developer be utilized for the benefit of the subdivision.

Yes: 5 No: 0

The City Attorney recommended that erosion control be taken care of administratively or negotiated with the developer.

Staff was directed to investigate the cost of lighted crosswalks.

Mayor Berkemeier requested that an oak tree located near the tennis courts be protected from injury which may result from vehicles parking too close.

A straw vote regarding provision of parking for the park area was 4-1 (Cullinen) against.

It was moved by Eder, seconded by Jensen, to direct staff and City Attorney to investigate non-performance of developer and report back to Council.

Yes: 5 No: 0

With regard to installation of speed bumps on E. School Street, a straw vote was taken: 5-0 in favor.

Regarding changing the intersection of Cypress and West Sierra to a two-way stop, Chief Stewart pointed out that noise would increase for residents on West Sierra Avenue; and he also guessed that vehicles would back up coming off the freeway and collisions would result. Council consensus was to table the subject.

The meeting was recessed at 10:10 p.m. and reconvened at 10:24 p.m.

10. Designation of Voting Delegate for League Annual Conference (City Manager’s Office)

Mayor Berkemeier briefly commented on the need for Council to designate a voting delegate for the League of California Cities Annual Conference.

It was moved by Cullinen, seconded by Fox, to appoint Vice Mayor Jensen as voting delegate, with Councilmember Cullinen as alternate.

Yes: 5 No: 0

The meeting was called to order at 10:25 p.m.

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

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

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

Yes: 5 No: 0

12. Approval of Agreement for Legal Services.

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

It was moved by Eder, seconded by Jensen, to appropriate $700 from the Contingency Account (305-61075) and allocate it to Account 301-51000 for the purpose of hiring temporary labor to complete the records organization project.

Yes: 5 No: 0

14. Approval of proposed schedule for City Manager Recruitment (City Manager)

Interim City Manager Brown reviewed the proposed schedule for the City Manager recruitment and responded to questions from Council.

Vice Mayor Jensen suggested there be some form of public input into the sort of city manager to be selected. Councilmember Eder elaborated that he would like to hear from citizens what qualities they would like in a city manager. Councilmember Fox pointed out that the goal-setting session is coming up and might be a good setting for such public input. Councilmember Eder cautioned that the two purposes might conflict with each other.

Council consensus was to hold an informal public workshop on a weekend day yet to be determined.

Paul Foti, 7830 Old Redwood Highway, suggested Council pay attention to the job title: a person who wants to manage the City of Cotati, not buy the City.

It was moved by Jensen, seconded by Fox, to direct the Interim City Manager to proceed with a City Manager recruitment based on the schedule provided in the staff report, to include a public input process.

Yes: 5 No: 0

It was moved by Cullinen, seconded by Jensen, to offer $7,500 per month to City Manager candidates.

Yes: 5 No: 0

15. Authorize expenditure of funds for internet access and equipment (Police)

.

Police Chief Stewart gave a staff report and responded to questions from Council.

Following Council discussion, it was moved by Cullinen, seconded by Fox, to allocate a total of $4,264.38 according to the established formula for Information Services for the purpose of providing Internet service to City Hall staff.

.

Councilmember Fox stated that his wife is an employee of Pacific Bell and sells DSL services. After a brief discussion with City Attorney Walter, he withdrew his second to the motion and left the dais at 10:57 p.m. because of a conflict of interest. The motion was then seconded by Eder.

In response to a question from Jensen, Chief Stewart stated that cable service for this purpose is at least a year away, so he is comfortable with a year’s contract.

Yes: 4 No: 0 Abstain: 1 (Fox)

The joint meeting was adjourned at 11:02 p.m. and the regular City Council meeting reconvened.

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

No action by Council.

Brief announcements and reports on Council activities.

Councilmembers reported on meetings they have attended.

The meeting was adjourned at 11:05 p.m.

Respectfully submitted,

______________________________

Deputy City Clerk

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NOTICE OF STATUTORY AUTHORITY FOR HOLDING A CLOSED MEETING OF THE CITY COUNCIL ON SEPTEMBER 8, 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 LABOR NEGOTIATORS [G.C. Section 54957.6]

Agency designated representative: City Council

Unrepresented employee: City Attorney

Deputy City Clerk