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

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

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

Mayor Berkemeier reported that no closed session had been held

It was moved by Gilardi, seconded by Orchard, to approve the minutes of October 10, 2001 and to waive the reading of all ordinances introduced and/or adopted under this agenda.

Yes: 5 No: 0

Mayor Berkemeier called attention to the announcements.

-- Elisa Hightower, Mountain Shadows Middle School

Honorary Mayor Hightower said she likes Cotati because it is a small, open community with its own rules where you can state your opinions and be heard. She added that she likes that the City has the Jazz Festival, the Accordion Festival and the Kids Parade, as well as other events. She said there's nothing she dislikes about Cotati, but there aren't many things for teenagers to do or enjoy. Some of her peers suggested various activities, including adding some basketball courts, have a place where teenagers can hang out, like a soda shop with an arcade. She would like a community center where teens could go to get help with homework, or to do homework or to play sports. She responded to questions from Council. Mayor Berkemeier presented her with a Certificate of Appreciation and thanked her for her participation as Honorary Mayor.

Suzanne Whipple and Elaine Thomas of the Walkable Cotati Group made the presentations. Elaine Thomas reported on the research into bench and table design and their discussions with downtown merchants. They urged Council to move ahead as rapidly as possible because prices will be going up after December. Staff was directed to bring back pricing and locational information on benches to the November 14, 2001 regular meeting.

Suzanne Whipple reviewed plans for the November 16 party downtown, from 5-7 p.m., to celebrate the completion of the downtown work. She said there will be music, and downtown merchants will be encouraged to have sales or discounts available for the evening.

6^th District Assemblyman Joe Nation spoke regarding issues that have been addressed in Sacramento this past year. He responded to questions from Council and invited everyone to a pancake breakfast to be held on November 3 at Rancho Cotati High School. Council thanked him for appearing to speak.

Mayor Berkemeier stated a letter submitted by Mr. Eric Kirchmann dated October 20, 2001 will be entered into the record.

Joan Simon, 618 W. School Street, read a statement from herself and Lisa Stanley, 601 W. School Street. Issues included a request for signposts indicating the existence of a Neighborhood Watch program in the area and stickers for placement in windows. In addition, she said, the City needs to form Community Emergency Relief Teams (CERTs) and a neighborhood alert system that could help in communicating with residents in times of emergencies. She urged Council to budget monies and direct staff to schedule a workshop for formation of CERTs.

George Barich, 176 W. Cotati Oaks Court, reminded Council that he had asked the City to do a number of things in response to the national emergency.

Patricia Jonas Voulgaris, Cotati, said she and others have set up a fund at the Cotati branch of Exchange Bank to benefit the Petaluma police officer, Patricia Neri, who was wounded in the line of duty. She encouraged Councilmembers and the audience to contribute fund.

John Rock, 35 Page Street, asked Council to address a question raised in the Community Voice concerning the proposed police facility and whether City offices are to be placed in a building funded by the Redevelopment Agency. His concerns included whether those bonds are also paying for downtown improvements, which he understood were approved prior to the approval of the bonds. City Manager Shaddox explained that no City offices will be in the Police facility, and that there are sufficient funds in place to do improvements to Old Redwood Highway.

Bruce Voorhes, 425 Helman Lane, asked what will happen to the abandoned Shell Station at Highway 116 and Old Redwood Highway. Mayor Berkemeier assured him that the City Manager will be looking into that matter.

Don Goodsell, 425 Helman Lane, announced that the Rohnert Park Senior Center, which serves Rohnert Park, Cotati and Penngrove, is presenting a fundraiser show to be held on Saturday, November 3 at 1:00 p.m. and invited everyone to attend and support the seniors. Tickets are $7.00 per person.

In response to citizen comments: City Manager Shaddox said he will contact Joan Simon regarding the Neighborhood Watch signs and stickers. He stated that Chief Stewart is looking into a coordinated emergency preparedness exercise which will be scheduled after the first of the year.

None.

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

Yes: 5 No: 0

The meeting was recessed at 7:53 p.m. and reconvened at 8:02 p.m.

Assistant City Manager Dorch gave a staff report and responded to questions from Council.

Mark Matulich, 62 Brookwood Avenue, project architect, offered to answer any questions Council might have.

Joan Simon, 618 W. School Street, said at one time she attempted to remove a tree in her neighborhood and learned that the City has a tree replacement policy. She said she understands that although there is no tree there now, the replacement program could be considered.

It was moved by Orchard, seconded by Kurvers, to adopt the revised version of Resolution No. 01-108 Approving a mitigated Negative Declaration and Mitigation Monitoring Program for a Lot Merger and Modification to a Conditional Use Permit for the Expansion of the Cotati Food Services Facility Located at 441 Houser Street.

Yes: 5 No: 0

It was moved by Orchard, seconded by Fox, to adopt the revised version of Resolution No. 01-109 Approving a Lot Merger to Combine Two Adjacent Parcels (APN 144-010-041 and 144-010-083) Located at 441 and 451 Houser Street for the Expansion of the Cotati Food Services Facility, with the addition of language to the effect that: "The conditions set forth herein include certain fees, dedication requirements, reservation requirements and other exactions pursuant to Government Code Section 66020.D.1. These conditions constitute written notice of a statement of the amount of such fees and a description of the dedications, reservations and other exactions. You are hereby noticed that the 90-day approval period in which you may protest these fees, dedications, reservations and other exactions pursuant to Government Code Section 66020 has begun, and if you fail to protest within this 90-day period, complying with all the requirements of Section 66020, you will be legally barred from later challenging such exactions." Reference is also to be included to fees as provided by the fee schedule previously adopted by Council.

Yes: 5 No: 0

It was moved by Orchard, seconded by Fox, to adopt Resolution No. 01-110 Approving Design Review for an Addition to the Existing Cotati Food Services Building Located at 441 Houser Street.

Yes: 5 No: 0

It was moved by Orchard, seconded by Kurvers, to adopt the revised version of Resolution No. 01-111 Approving a Modification to the Conditional Use Permit for the Cotati Food Services Facility Located at 441 Houser Street, to include the additional provisions stated for Resolution No. 01-109 above.

Yes: 5 No: 0

Assistant City Manager Dorch gave a brief report and introduced Sam Sperry of Orrick, Herrington and Sutcliffe, bond counsel who reviewed the actions recommended in the three resolutions.

Tom Dashiell, Counsel to Bennett Realty Group, the General Partner of 101 Sonoma Associates,

described the transfer of property to Monahan Pacific and the costs incurred by 101 Sonoma Associates in connection with the property before it was sold. Initially, a sum of $330,000 was to be included in the bonds for repayment to 101 Sonoma Associates but was subsequently deleted. He requested that Council restore that provision. He added that it was his client’s understanding that if an assessment district were ever formed, the $330,000 reimbursement would be part of it.

Tom Monahan, Monahan Pacific, stated his firm paid over $5 million, which sum included all incidental work done on the property, so he is shocked to see the claim being made. In addition, he stated that much of the work which was reimbursed had to be done over. He remarked that the investors lost money because of mismanagement and high fees charged by Mr. Bennett. He urged Council to approve the documents as presented.

Linell Hardy, 8171 Arthur Street, asked for clarification of document no. 016246658.5, page 1, specifically, at the bottom of the page, where there is the statement that "The proceeds of the bonds will be utilized by the City (1) to acquire three parcels of land approximately 16 acres in total size, which parcels are not within the assessment district; (2) to design, construct and provide thereon a wetlands mitigation project; (3) to fund a long-term maintenance plan for wetlands mitigation project..." and so forth. She said she had thought that was the responsibility of Monahan Pacific, so she wanted clarification.

Tom Monahan, Monahan Pacific, responded that the 16-1/2 acres of wetland property, which contain a habitat for the Sebastopol Meadowfoam plant, have already been acquired and that property will be turned over to the City who will turn it over to Department of Fish and Game.

Joan Simon, 618 W. School Street, said she has seen a lot of dissolutions of partnerships, and she objects to the characterization of the small investors by Mr. Monahan, and she doesn’t think the City of Cotati should have to spend money on it.

Following comments by Sam Sperry regarding the disputed item,

It was moved by Kurvers, seconded by Gilardi, to adopt Resolution No. 01-112 Ordering Change of Name of Assessment District, Approving Addition of Sixth Parcel, Approving Third Amended Engineer’s Report, Levying Increased Assessments, and Ordering Expanded Improvement Project - (Wine Country Mall Assessment District changed to South Sonoma Business Park Assessment District).

Yes: 5 No: 0

It was moved by Kurvers, seconded by Gilardi, to adopt Resolution No. 01-113 Rescinding Resolution No. 2000-13; Approving Form and Substance of Indenture, Preliminary Official Statement, Bond Purchase Contract and Continuing Disclosure Certificate of the City; Authorizing Modifications Thereto; Authorizing and Directing Execution Thereof; Authorizing the Preparation, Execution and Delivery of an Official Statement to be Substantially Derived from The Preliminary Official Statement; and Authorizing Related Documents And Actions to Implement the Issuance, Sale and Delivery of the Series 2001 Limited Obligation Improvement Bonds of South Sonoma Business Park Assessment District.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Gilardi, to adopt Resolution No. 01-114 Amending Agreement for Legal Services for South Sonoma Business Park Assessment District.

Yes: 5 No: 0

The joint meeting was called to order at 8:45 p.m. by Mayor/Chairman Berkemeier.

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

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

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

Yes: 5 No: 0

City Manager/Executive Director Shaddox gave a staff report and responded to questions from Council/Board.

Paul Breckenridge of LPA reviewed the site plans and facility design.

Councilmember Fox said he understands that the Cotati Police Officers Association will provide exercise equipment and the City provide the space.

George Barich, 176 W. Cotati Oaks Court, said it is not time for Council to make firm decisions tonight, but work on details is needed. He cautioned that the "Community/Training" room should be referred to only as a training room because of restrictions on use of redevelopment monies. His comments included: windows may be a bad idea from a security standpoint; it is not good that solar facilities are not included in the plans at this point; fuel storage should be provided for, as well as skylights; metal roofs are noisy unless well insulated. He wondered how secure is the front wall He added that the gymnasium is not needed inside the police facility – it won’t be used by any but a few employees, and most would prefer to leave the building. He concluded that conduits should be provided for communications; perhaps additional holding cells should be provided; public phones provided; and rooms wired for Internet access.

Joan Simon, 618 W. School Street, agreed that we are building not for now but for later, and advised looking at what sort of roofing is best, not necessarily what is cheapest, and metal roofing may not be the best for Cotati. She suggested having a statue in the location where the redwood tree is coming out. With regard to records storage, she advised fireproofing such a room. She questioned if public view of interviewing rooms is a violation of privacy.

Bob Coleman, 356 Amber Lane, advised Council to take enough time to develop a total site plan. He said the old police station could be used for the community room and also for an exercise room. The architects should be required to integrate the appearance of the new building with the existing City Hall building. He said there is a lot of analysis yet to be done and too many questions as yet unanswered.

Barry Harris, 90 Gilbert Way, said he has visited most police facilities in the County and agrees that we need a new police facility. He said the experts should design the facility, not amateurs. He said something must be begun now, not later.

Officer Mike Shooter, Cotati Police Department, spoke in favor of the exercise room, saying most officers would like to be able to work out in a secure environment. He said the training room will be a great benefit to the police and the community. The sally port is important to prevent detainees from bolting. The size of the facility is right – we have to look to the future and population growth.

Bruce Voorhes, 425 Helman Lane, said Council should act now to begin this project; the events of September 11 make it even more important. He urged Council to work with the architect and staff to move ahead.

Don Goodsell, 425 Helman Lane, said a lot of money has been spent through the years looking at a new police facility, and it is time to get the project moving.

John Rock, 35 Page Street, said he supports a new police station but wished to say that composition shingle could be included for approximately the same price; also, skylights could be included. The design of the facility does not reflect the design of the nearby area and he would prefer that it did fit with the area better. He would like to see something other than a trellis in front of windows.

Don Van Dyke, 466 Christensen Court, asked the status of the bond sale, and City Manager Shaddox responded to his questions. Mr. Van Dyke cautioned Council not to agree to spend money they might not have. He discussed his concerns about the bonds.

Yvonne Van Dyke, 466 Christensen Court, said she was pleased to see the facility moved over to provide more park space.

Cole Keller, 403 W. Sierra Avenue, said skylights would be great, and a new facility is needed. His biggest concern is lighting, but Council should move ahead if they are comfortable.

Councilman Fox pointed out that there are actually five rooms that can be used as holding cells, not just the two so labeled. He clarified how the interview rooms are used.

Councilwoman Gilardi asked if the detox room is rubberized and has a sink and toilet. John Gack of LPA said the room is a hard, cleanable surface and they are looking at what the needs are for toilet and sink.

Vice Mayor Orchard asked for further information about composition shingle and metal roof. Paul Breckenridge of LPA reviewed the process and said a metal roof can accommodate a skylight and solar panels.

Councilwoman Gilardi said she supports a new police facility, but she thinks it is important that it blend with the City Hall and surrounding community. She said the community, design review and the Planning Commission have all made the same comment and she would like to see the exterior addressed. Likewise, she said, Council had indicated they don’t like cinderblocks but they are still there. She stated she wants to have plans to look at.

Councilwoman Kurvers said she wants composition shingles, skylights, more craftsman openness and less closed-off feeling, she wants to keep the redwood tree, an exterior that is inviting, not intimidating which will mean that the exterior has to have visual appeal. She said windows can be made safe and secure.

At the request of Councilwoman Gilardi, the architects will provide color renderings showing the existing City Hall and proposed police facility buildings side by side.

Councilman Fox asked if it would be possible to move the police facility even closer to City Hall and then possibly provide parking on West Sierra Avenue. He asked if Design Review and the Planning Commission should review the exterior before Council approves something different than what those bodies looked at and commented on previously. Councilwoman Gilardi said she would prefer they got a chance to vote on the design. Councilwoman Kurvers agreed and said by that time the park master plan could be completed.

City Manager Shaddox suggested that the architect be asked to make the changes suggested by Council, and the plans would go back to Design Review and the Planning commission in early November. Then the plans could come back to Council the second meeting in November. He read a list of changes to be made by the architect: Show both buildings in one rendering; make revisions in elevations to reflect the Craftsman style and how the police facility ties in to City Hall; look at moving the footprint of the police facility closer to City Hall, with the understanding that would remove some of the public parking spaces that are currently shown; incorporate a parallel parking plan on West Sierra Avenue into the new plan; revising roofing materials to be a composition-style roof rather than the metal roof; propose a treatment to the block structures - possibly a plaster finish; show, conceptually, where the skylights could be located; provide Council a narrative regarding some of the energy efficiency measures the architect would like to explore incorporating into the design; and route these changes through Design Review and Planning Commission before bringing them back to Council.

City Manager Shaddox said it is staff's intent to respond to the comments made at the park master plan workshop and make suggestions to Council for the ultimate adoption of a revised master plan over the next several months.

It was moved by Gilardi, seconded by Fox, to direct the staff to ask the architect to do additional work to show the relationship of the police facility to City Hall, both the look and color scheme, to move the police facility closer to the existing City Hall, to change the roof materials to a composition roof, to modify the block treatment to a plaster finish, to show skylights in a proposed roof and to include an energy efficiency narrative on what we intend to look at during the design phase, to bring those concepts and changes to Design Review and the Planning Commission to receive their comments and approval, and to bring back the revised design and comments to the regular City Council meeting of November 28, 2001.

Yes: 5 No: 0

The joint meeting was adjourned, and the regular City Council meeting reconvened, at 10:52 p.m.

Councilmembers reported on meetings they have attended recently.

The meeting was adjourned at 11:02 p.m.

Respectfully submitted,

________________________________

Deputy City Clerk