CITY OF
Minutes of the Regular City Council Meeting
and Joint Meeting of the City Council and Cotati Redevelopment Agency
Board of Directors
CALL
TO ORDER -
The
meeting was called to order at
CITY
COUNCIL MEETS IN CLOSED SESSION FOR THE REASONS INDICATED BELOW
The
Council convened in closed session.
RECONVENE TO OPEN SESSION
The
regular meeting of the City Council was called to order by Mayor Kurvers at
PLEDGE OF ALLEGIANCE AND MOMENT OF
SILENCE
ROLL CALL
Councilmembers present: Kurvers, Gilardi, Berkemeier,
Staff present:
Christofferson, Dorch, Woltering, Hayes, Sime, Nebb
CLOSED SESSION ANNOUNCEMENT
None.
APPROVAL OF MINUTES AND NOTICE OF
WAIVING
1. Regular meeting of
-- Notice of waiving the reading of all
ordinances introduced and/or adopted under this agenda.
It was moved by Councilmember Berkemeier, seconded by
Councilwoman Moore, to approve the minutes of
Yes: 5 No: 0
ORAL AND WRITTEN COMMUNICATIONS
Announcements
Mayor Kurvers announced that the Community and
Environment Commission’s Fall Earth Day will be held on
Report
by Honorary Mayor
2. Robert Van Winkle,
Honorary Mayor Van Winkle introduced himself and his
family. Robert spoke about his interests
and personal goals. He responded to
questions from Council. Mr. Van Winkle
agreed to participate in the Annual Kids’ Day Parade this next July and wear
his ‘Clo the Cow’ costume. Mayor Kurvers
thanked Mr. Van Winkle for his comments and presented him with a certificate of
appreciation.
CITIZEN BUSINESS
Dr.
Eliza Birch, 8306 Windmill Farms Dr., complained of a noise factor coming from
the Santero Way Project. Dr. Birch asked
for clarification regarding the time frame in which construction was allowed to
take place. Dr. Birch requested Council assistance
regarding an informational campaign pertain to the duration of the noise. At the request of Mayor Kurvers, Planning
Director Woltering stated that Todd Cunningham, Building Official, would
compile a memo (inclusive of input from the Santero Way Project Director) and
circulate said memo to the neighbors in the area of concern. Planning Director Woltering clarified that
construction was allowed to take place from
George
Barich, Cotati, stated that he had been overlooked regarding his request to
speak at the grand opening of the Police Facility. Mr. Barich mentioned that he had attended
several of the meetings pertaining to the construction of the facility and that
there were issues which were not addressed. Mr. Barich remarked that the City would eventually
see a need to bring in massive development to pay for the new facility. He indicated there was no competitive bidding
process among the subcontractors who worked on the project. Barich stated that he had previously approached
Council and had met with then-City Manager Shaddox in order to be included in
the bidding process. He remarked that he
was the only qualified licensed security equipment contractor within the City
of
Iva
Jones,
Mayor
Kurvers closed Citizen Business.
COUNCILMEMBER DIRECTION ON FUTURE AGENDA
ITEMS
In
response to Ms. Jones’ comments regarding Measure B, Councilwoman Moore stated
that she and Mayor Kurvers had met with individuals, including Mr. Neil
Hancock, to clarify some of the issues regarding Measure B. Mayor Kurvers stated that Measure B was
crafted simply to let the voters decide if they wished to allow a certain
portion of the City available for construction of a site over the usual
allotted 43,000 sq. footage. Mayor
Kurvers commented that the measure did not mention any particular retailer(s).
Councilmember
Berkemeier requested that Council visit Resolution No. 1446-03 pertaining to
the Town Council of the Town of
PUBLIC HEARINGS
3.
Adoption of Resolution No. 03-56, Approving a Mitigated Negative
Declaration for a Zone Change from R-2 to R-3:PUD at 910 East Cotati Avenue
(APN: 144-302-025) and a .22-Acre Portion of 906 East Cotati Avenue (APN:
144-302-018), Zone Change from R-2 to R-3 for the .27-acre Remainder of 906
East Cotati Avenue (APN: 144-302-018), General Plan Amendment from Medium to
High Density Residential, Tentative Subdivision Map, Conditional Use Permit,
Growth Management and Design Review for the Construction of 15 Single-Family
Dwelling Units on 1.18 Acres.
Applicants:Work Force Housing Associates; APN: 144-302-025 and APN:
144-302-018 portion (Planning) (Continued from
Senior Planner Marsha Sue Lustig reported on the item and
responded to questions from Council.
In answer to a question from Councilman Berkemeier, Senior
Planner Lustig clarified that the connector road would not be Mr. Karakozoff’s
responsibility. Councilmember Berkemeier
felt that citizens would not want the connector road and that a Council
decision regarding this matter was at hand.
Mayor Kurvers also felt it important for decisive Council action
regarding the proposed connector road.
Mayor Kurvers opened public comment.
Doug Elliott,
Carl Euphrat, Member, Work Force Housing Associates, LLC,
mentioned that the original plan did not include the bottom five units acquired
from the adjoining property. Mr. Euphrat
touched on the flexibility of the original plan, and further added that this
type of affordable housing was needed for the City. He commented on the suggested widths for the
public street. Mr. Euphrat reiterated that he was in receipt of Mr.
Karakozoff’s comments regarding the connector road.
Paul Foti,
Mayor Kurvers closed public comment.
Vice Mayor Gilardi stated that she was aware of Mr.
Karakozoff’s comments regarding a proposed connector road through his property. Vice Mayor Gilardi stated that she had concerns
with such a proposal.
Councilwoman Moore commented that there was no available
access to the two parks slated for the Santero area. She stated that the roadway was needed in
order to access the parks.
Mayor Kurvers stated that she was not comfortable with the
connector road, and as an alternative solution, suggested a pathway to access the
open space.
Mr. Elliott, Work Force Housing Associates, commented on the
width of the sidewalk along the public street.
Mr. Elliott also mentioned that Mr. Karakozoff did not object to
pedestrian access to the parks.
Councilmember Berkemeier stated that he favored a pathway to
the open space.
Councilwoman Orchard remarked that she favored a pathway connecting
to the open space versus that of a connector road. In answer to a question from Councilwoman
Orchard, Senior Planner Lustig clarified the allotted space for the
construction of a pathway through Mr. Karakozoff’s property. Lustig stated that Mr. Karakozoff would
prefer a pathway vs. a through street.
Regarding the consideration of a pathway through Mr.
Karakozoff’s property versus the connector road, Assistant City Attorney Nebb
clarified that an advance amendment to the Specific Plan was not necessary, due
to the fact that the property under consideration was not actually a part of
the
Council concurred with the suggestion of a pathway through
Mr. Karakozoff’s property.
Referring to Councilmember Berkemeier’s suggestion to narrow
the public street to 28’, with parking on one side, Senior Planner Lustig
clarified that it was City standard to accommodate a 30’ wide street with
parking on both sides.
Vice Mayor Gilardi stated that vehicular maneuverability may
prove problematic should the public street be less than 28’ wide.
Councilwoman Orchard commented that she favored a 30’ width
for the public street.
Regarding the public street, Council concurred to a 30’
width, with parking on both sides of the street.
In answer to a question from Senior Planner Lustig, Mayor
Kurvers stated that the proposed public street would then become a private
street based on City policy.
Vice Mayor Gilardi, Councilwoman Orchard and Councilmember
Berkemeier concurred with a 15-unit density for the project.
Councilwoman Moore stated that she had a problem with the
15-unit density.
Considering a question from Senior Planner Lustig, Mr.
Euphrat and Mr. Elliott commented on specifics regarding reconfiguration of
set-backs. They stated that they were
willing to work with staff regarding any changes pertaining to the set-backs.
At the suggestion of City Attorney Nebb, members of staff
and the developer concurred to craft changes to the Conditions of Approval
during the Council meeting.
Council agreed to move on to Item No. 4 (Consent Calendar).
The Conditions of Approval were amended to read as follows:
Condition No. 5
A minimum 20’ setback shall be
provided from the edge of porch on Unit 1 to the back of the sidewalk on 20’ setback
of Unit 1 shall be maintained by
the mechanism for the collective maintenance of landscaping is as approved by the City Attorney.
Condition No. 6
The public street version of the proposed project for utilized. The street shall be 28 30-feet wide. and shall contain as many detached single family
dwelling units as possible. The area
gained by having the street width reduced by two feet shall be added to the
rear yards.
Parking shall be provided on both sides of the street. The connector
street shall also be public and designed to be 20-feet wide with a 5 ˝ foot
planter strip and a 5-foot sidewalk on one side. A
pedestrian connector shall be provided and shown in the area of the Emergency
Vehicle turnaround on the or in the event on Final Improvement Plans.
Condition No. 8
Unit 8 shall be set back a minimum
of fifteen tenfifteen ten
Condition No.
24b
b.
The on-site roadway shall be a public private street. The roadway shall be 28
30 feet in width for the entire length. The area
that will eventually be connected to the east of this property emergency vehicle turnaround shall be 20 feet wide with sidewalk required on one side thereof s of the property; and, standard cross slopes per City standard.
Condition No.
39
One additional onsite fire hydrant
shall be installed near the temporary emergency vehicle turnaround subject to the approval of exact location by the Fire
District. The existing fire hydrant near
Condition No.
41
The end of the new primary street
shall be painted red from the
emergency vehicle turnaround to the end of the road and labeled in white lettering a
minimum of 4” tall, “NO PARKING—FIRE LANE”.
There shall be no parking for the first 30’ of the through street
beginning at the corner (during the temporary turnaround phase) within the emergency vehicle turnaround. This section shall also be painted red and labeled in white lettering a minimum of 4”
tall, “NO PARKING—
Condition No.
55
Proposed No developable lots shall be
created on the area identified as Parcel A 12, 11, 12, and 13 comprising of 12,900 square
feet shall not be created until and unless the
identified wetland has been mitigated off-site to the satisfaction of the North
Coast Regional Water Quality Control Board and the Army Corps of Engineers, or
the buffer and wetland area are preserved in perpetuity as common open space as
directed by a licensed biologist and approved by the Planning Director, for the
resource agencies (F&G, RWQCB, Army Corps) determine that no preservation
is necessary.
Condition No.
63
A through street pedestrian
access to the eastern
property line to allow for future pedestrian connection to vehicles
and pedestrians to the project.
Condition 74
(Tentative Map Condition 70)
No offers of
dedication for either of the streets shall be accepted by the City until and
unless the through street is connected to Santero Way
Condition 75
(Tentative Map Condition 71)
Prior to the
issuance of any Building Permits, a permanent sign shall be affixed to a fence
at the property line where the street is intended to connect into the Santero
Way Specific Plan area which shall read:
“Future Through Street”. Any
additional sign copy, the sign size and exact location shall be reviewed and
approved by the City Engineer. RESERVED.
Condition 79
(Tentative Map Condition 75)
Mailbox location and design shall
be subject to Final Design Review. Any locations indicated on plans shall have had
prior approval of the Cotati/Rohnert Park Post Office. The use of the gang, locking
mailbox is required with appropriate landscaping and a bench or two.
City Attorney Nebb commented that
the above amendments shall apply to every resolution and ordinance presented
under Item No. 3.
Mayor Kurvers opened Item No. 3 for public comment.
George Barich, Cotati, commented on the proposed pedestrian
path. Mr. Barich mentioned that pathways
which are not well-lit or well-crafted are not always advisable. Mr. Barich expressed concern with the 30’
width for the public street with parking on both sides. He remarked that such a situation could prove
dangerous for the community and children.
For safety purposes, Mr. Barich suggested that the street width should
be a minimum of 32’.
Yvonne Van Dyke,
A motion was made by Vice Mayor Gilardi and seconded by Councilmember
Berkemeier to adopt Resolution No. 03-56 approving a Mitigated Negative
Declaration for a zone change from R-2 to R-3:PUD at 910 East Cotati Avenue
(APN: 144-302-025) and a .22-acre portion of 906 East Cotati Avenue (APN:
144-302-018), zone change from R-2 to R-3 for the .27-acre remainder of 906
East Cotati Avenue (APN: 144-302-018), General Plan amendment from medium to
high density residential, Tentative Subdivision Map, Conditional Use Permit,
growth management and design review for the construction of 15 single-family
dwelling units on 1.18 Acres as amended under Conditions Nos. 5, 6, 8, 24b, 39,
41, 55, 63, 74, 75 and 79.
Yes: 5 No: 0
A motion was made by Vice
Mayor Gilardi and seconded by Councilmember Berkemeier approving Resolution No. 03-57, approving a
General Plan amendment, redesignating two parcels located at 910 E. Cotati
(APN: 144-302-025) and 906 East Cotati Avenue (APN: 144-302-018 (portion plus
remainder)) from medium density residential to high density residential as
amended under Conditions Nos. 5, 6, 8, 24b, 39, 41, 55, 63, 74,75 and 79.
Yes: 5 No: 0
A motion was made by Vice Mayor Gilardi and seconded by Councilmember Berkemeier to introduce Ordinance No. 751 rezoning the
properties located at 906 and 910 East Cotati Avenue from residential R-2 to
residential R-3 (APN: 144-302-018 (remainder)) and from residential R-2 to
residential R-3:PUD (APN: 144-302-025 and 018 (portion)) as amended under
Conditions Nos. 5, 6, 8, 24b, 39, 41, 55, 63, 74, 75 and 79.
Yes: 5 No: 0
5 No:
A motion was made by Vice Mayor Gilardi and seconded by Councilmember
Berkemeier to adopt Resolution No. 03-58, approving a Tentative Map and a Lot
Line Adjustment for the subdivision of 1.18 Acres into 15 lots located at 910
East Cotati (APN: 144-302-025) and 906 East Cotati Avenue (APN: 144-302-018
(portion)) as amended under Conditions Nos. 5, 6, 8, 24b, 39, 41, 55, 63, 70,
71 and 75.
Yes: 5 No: 0
A motion was made by Vice
Mayor Gilardi and seconded by Councilmember Berkemeier to adopt Resolution No. 03-59, approving
preliminary design review and growth management for the construction of 15
single family dwelling units located at 910 East Cotati (APN: 144-302-025) and
906 East Cotati Avenue (APN: 144-302-018 (Portion)) as amended under Conditions
Nos. 5, 6, 8, 24b, 39, 41, 55, 63, 74,75 and 79.
Yes: 5 No: 0
A motion was made by Vice
Mayor Gilardi and seconded by Councilmember
Berkemeier to adopt Resolution No.
03-61, approving a Conditional Use Permit to allow a 15-unit residential
planned unit development in an R-3 zoning district for a .96-acre parcel located at 910 East
Cotati Avenue (APN: 144-302-025) and .22-Acre at 906 East Cotati Avenue (APN:
144-302-018 (portion)) as amended under Conditions Nos. 5, 6, 8, 24b, 39, 41,
55, 63, 74,75 and 79.
Yes: 5 No: 0
CONSENT CALENDAR
Mayor
Kurvers read the Consent Calendar titles and asked if any should be pulled for
discussion.
Item(s)
pulled: No. 5 (Orchard/Gilardi)
4. Authorize
rescheduling regular meeting of November 26, 2003 to Tuesday, November 25, 2003;
authorize cancellation of regular meeting of December 24, 2003; authorize
closure of City Hall and Public Works Facility during the period December 19,
2003 through January 2, 2004.
5. Approval
of a request to extend the life of the
Due to a conflict of interest, Councilwoman Orchard
and Vice Mayor Gilardi stepped down from the dais as both Councilmembers resided
within 500 feet of the Harryman property.
A motion was made by Councilmember Berkemeier and
seconded by Councilwoman Moore to extend the life of the Cypress Meadows
Tentative subdivision Map for one year (Harryman).
Yes: 3 No: 0 Abstain: 2 Gilardi, Orchard
6. Authorize Mayor to execute Agreement with
the
It was moved by Councilwoman Orchard, seconded by Vice
Mayor Gilardi, to approve Item Nos. 4 and 6 of the Consent Calendar.
Yes: 5 No: 0
REGULAR AGENDA
7. Authorize Mayor/City Manager to sign
“Clean Air Consortium Voluntary Agreement” with Bay Area Air Management
District. (Planning Director) (continued from
A staff report was given by Planning Director
Woltering who responded to questions from Council.
Mayor Kurvers opened public comment.
Paul Foti,
George Barich stated that he was offended that the Bay
Area Air Quality Management District would place Cotati on the list of cities
to participate in the Spare the Air program. He mentioned various employers and
situations which would need special consideration of their work schedules in
order to work around designated Spare the Air days. Mr. Barich commented that he was particularly
concerned for the Police Department and Fire Departments. He did not want wish to see these entities
stifled due to the fact that it was a Spare the Air day. He hoped that Council would take these issues
into consideration.
Mayor Kurvers closed public comment.
A motion was made by Councilwoman Orchard and seconded
by Vice Mayor Gilardi that Mayor Kurvers and Interim City Manager
Christofferson sign the “Clean Air Consortium Voluntary Agreement” with the Bay
Area Air Management District.
Yes: 5 No: 0
Mayor Kurvers called for a short break at
Mayor Kurvers reconvened the regular meeting at
8. Appointment of subcommittee to coordinate
dedication of
Mayor Kurvers and Councilmember Berkemeier stated that
they would like to serve as subcommittee members to coordinate the dedication
of
Mayor Kurvers opened public comment.
Paul Foti,
Mayor Kurvers closed public comment.
A motion was made by Councilwoman Orchard and seconded
by Vice Mayor Gilardi to appoint Mayor Kurvers and Councilmember Berkemeier to
serve as subcommittee members to coordinate the dedication of
Yes: 5 No: 0
9. Authorize Mayor to sign letter to
legislators and Governor urging them to keep local services fully funded
through maintenance of the Motor Vehicle In-Lieu Tax as a local revenue source.
(Interim City Manager)
Mayor Kurvers opened public comment.
Paul Foti,
George Barich, Cotati, commented that he did not
endorse Council signature to the letter regarding endorsement of the maintenance
of the Motor Vehicle In-Lieu Tax.
Mayor Kurvers closed public comment.
Vice Mayor Gilardi stated that she did not agree with
public comment. Vice Mayor Gilardi cited
various examples regarding preventive budgetary measures taken by the City vs.
those of the State.
A motion was made by Vice Mayor Gilardi and seconded
by Councilmember Berkemeier authorizing Mayor Kurvers to sign a letter to
legislators and Governor-elect Schwarzenegger urging them to keep local
services fully funded through maintenance of the Motor Vehicle In Lieu Tax as a
local revenue source.
Yes: 5 No: 0
Mayor Kurvers referred Council to Item No. 3.
JOINT MEETING OF CITY COUNCIL AND
REDEVELOPMENT AGENCY BOARD OF DIRECTORS
Call
to Order
The joint meeting was called to order at
Roll
Call
Council/Board Members present: Kurvers, Gilardi, Berkemeier,
Staff
present: Christofferson, Dorch,
Woltering, Hayes, Sime, Nebb
Consent
Calendar
10. Approval of warrants and audited claims for
the period October 3-16, 2003.
11. Receive and file City Investment Report for
the Quarter Ending September 30, 2003.
A motion was made by Councilmember Berkemeier and
seconded by Vice Mayor Gilardi to approve the Consent Calendar.
Yes: 5 No: 5
Regular
Agenda
12. Approval of Preliminary Budget for the Civic
Center Buildings Renovation Project; direct staff to complete plans and
specifications and to advertise for bids.
(Assistant City Manager/Executive
Director)
In answer to a question from Mayor Kurvers, Assistant
City Manager Dorch clarified that it would take up to 30 days to compile plans
and specifications, that bids could be opened in January; and that,
construction could possibly take place between the months of January and April.
Councilwoman Moore stated that Classrooms 2, 3 and 4
had been mentioned in the staff report.
Councilwoman Moore inquired if Classroom 7 and other classrooms would be
included in the renovation process. In answer to a question from Councilwoman
Moore, Assistant City Manager Dorch stated that, at this time, classrooms 2, 3
and 4 had been designated for renovation due to the fact that they were being
utilized by the Recreation Department.
Councilwoman Moore queried if the items from Classroom
7 would be removed, e.g., items pertaining to the Police Department, Community
and Environment Commission and Cotati Philharmonic.
Mayor
Kurvers, Councilwoman Moore and Councilwoman Orchard agreed that renovation for
storage and other classrooms seemed appropriate during the bid process for
Classrooms 2, 3 and 4.
Councilwoman Moore’s suggested that she and
subcommittee member Berkemeier explore any additional rooms which could be
added to the renovation process.
Considering the suggestion
of Interim City Manager Christofferson, Assistant City Manager Dorch proposed
that Council consider a recommendation for the renovation of classrooms 2, 3, 4
and kindergarten classroom as a base bid; and that, the addition of other
classrooms could be considered as an alternate to the bid.
Mayor Kurvers stated that
she would like subcommittee members Berkemeier and Moore to report their findings
regarding the potential renovation of additional classrooms.
City Attorney Nebb clarified the prioritization of
alternate recommendations.
Mayor Kurvers opened public comment.
Yvonne Van Dyke,
George
Barich commented that he did not understand how funds designated for the
Paul Foti,
Elaine Thomas,
Mayor Kurvers closed public comment.
Mayor Kurvers clarified that the new
In response to a question from Mayor Kurvers,
Assistant City Manager Dorch stated that the
Vice Mayor Gilardi stated that she was somewhat
offended that individuals might contemplate that the City had ‘fast-tracked’
the Civic Center Project. Vice Mayor
Gilardi commented that, to the contrary, the City had given considerable
thought and consideration to the project.
Councilmember Berkemeier concurred with Vice Mayor
Gilardi’s comments that the City had not fast tracked the project. Councilman Berkemeier mentioned that staff was
readily available to clarify for any individual, the budgeting and allocation
of funds for this project.
Councilwoman Moore commented that funding for the
project would be well spent.
Councilwoman Moore further stated that as a subcommittee member, she
would see that the renovation of classrooms and construction of the park would
come to fruition.
Mayor Kurvers opened public comment.
George Barich clarified that it was not his intention
to indicate that Council was trying to ‘fast-track’ the Civic Center Project. Mr. Barich stated that he would like to see
the plans for the Civic Center Project in order that everyone could be in
agreement.
A motion was made by Councilmember Berkemeier and
seconded by Councilwoman Moore to approve the preliminary budget for the Civic
Center Building Renovation Project and to direct staff to complete plans and
specifications and to advertise for bids.
Yes: 5 No: 0
Adjournment
of joint meeting; reconvening of regular meeting of City Council
The joint meeting was adjourned, and the regular City
Council meeting reconvened, at
CITY COUNCIL REPORTS AND COMMENTS
n Brief announcements and reports on Councilmember
activities.
ADJOURNMENT
The meeting was adjourned at
__________________________________
Administrative Clerk
* * *
CITY COUNCIL WILL MEET IN CLOSED SESSION. MORE SPECIFIC INFORMATION REGARDING THE
GROUNDS FOR THIS CLOSED SESSION MEETING IS PROVIDED BELOW.
PUBLIC EMPLOYMENT (
Title: City Manager