CITY OF COTATI

 

December 10, 2003

 

 Minutes of the Adjourned 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

 

The meeting was called to order at 6:01 p.m.

        

CITY COUNCIL MEETS IN CLOSED SESSION FOR THE REASONS INDICATED BELOW

 

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

        

RECONVENE TO OPEN SESSION - 7:00 p.m.

 

The meeting was called to order at 7:08 p.m. by Mayor Kurvers.

 

PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

 

ROLL CALL

 

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

Staff present:  Stubbings, Dorch, Hayes, Walter, Woltering, Nommsen, Stewart

 

CLOSED SESSION ANNOUNCEMENT

 

None.

 

APPROVAL OF MINUTES AND NOTICE OF WAIVING READING

        

1.      Regular meeting of November 25, 2003

2.      Special meeting of November 25, 2003

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

 

Regarding the regular meeting of November 25, 2003, Councilmember Orchard requested additions to her remarks pertaining to Item No. 7 (Adoption of Resolution No. 03-66 Accepting the Matricula Consular de Alta Seguridad (MCAS)—Mexican Consular ID Cards) that she did not believe there was any public benefit at all in having a population that lives and works here and did not have a valid I.D.

 

It was moved by Councilman Berkemeier and seconded by Councilmember Orchard to approve the minutes of the regular meeting of November 25, 2003 with the addition of Councilmember Orchard’s comment pertaining to Item No. 7 (Adoption of Resolution No. 03-66 Accepting the Matricula Consular de Alta Seguridad (MCAS)—Mexican Consular ID Cards).

 

Yes:     5          No:      0

A motion was made by Councilman Berkemeier and seconded by Councilmember Orchard and Vice Mayor Gilardi to approve the minutes of the special meeting of November 25, 2003.

 

Yes:     5          No:      0

 

ORAL AND WRITTEN COMMUNICATIONS

        

Announcements

        

--         This is an announcement reminder that there will not be a regular City Council meeting on December 23.  However, Council will meet at an adjourned regular meeting on Monday, December 15 at 7:00 p.m.  City offices will be closed for the end-of-year holidays beginning Friday, December 19.  City offices will reopen on Monday, January 5.

          

--         The central landfill will be closed on Sundays in December. As you may be aware, the County offices will be closed between Christmas and New Year’s. However, the landfill cannot close for a five day period. To achieve this five day closure, the landfill will be closed for five Sundays (last Sunday was the first day closed) which will last through the end of December.

        

Report by Honorary Mayor

        

3.      Troy Williams, Phoenix High School

 

Honorary Mayor Williams introduced himself and his family.  Mr. Williams spoke about his interests and personal goals.  He responded to questions from Council.  Councilmembers Berkemeier and Moore queried Mr. William’s knowledge of student interest for a Teen Center located at the Civic Center.  Mayor Kurvers informed Mr. Williams that volunteer hours with the Environment Commission could be applied toward graduate community service hours.  Mayor Kurvers requested that Mr. Williams attend the January 14th Citizen Business portion of the City Council meeting and report on his holiday activities.  Mayor Kurvers thanked Mr. Williams for his comments and presented him with a certificate of appreciation.

 

CITIZEN BUSINESS

 

Floyd Mattern, 78 W. Sierra Ave., Cotati, spoke regarding his property.

 

Paul Foti, 7883 Old Redwood Highway, provided additional comments regarding Mr. Mattern’s property. 

 

Mayor Kurvers closed Citizen’s Business.

 

COUNCILMEMBER DIRECTION ON FUTURE AGENDA ITEMS

 

None.

 

PUBLIC HEARING

 

4.  Adoption of Resolution No. 03-91 Approving a Mitigated Negative Declaration for a General Plan Amendment designating a 0.22 acre portion of APN 144-330-002 from General Commercial to Rural Residential;  Zoning Ordinance Amendment amending the zoning from C-1 (Commercial) to AR-1.5 (Agricultural Residential); Lot Line Adjustment adjusting a 0.22 acre portion from APN 144-330-002 into APN 144-230-024; but denial of the Design Review allowing the construction of a single family residence, located at 470 West School Street

 

-or-

 

Adoption of Resolution No. 03-92 Approving a Mitigated Negative Declaration for a General Plan Amendment designating a 0.22 acre portion of APN 144-330-002 from General Commercial to Rural Residential:  Zoning Ordinance Amendment amending the zoning from C-1 (Commercial) to AR-1.5 (Agricultural Residential); Lot Line Adjustment adjusting a 0.22 acre portion from APN 144-330-002 into APN 144-230-024; and approval of Preliminary Design Review for the construction of a 6,780 sq. ft. residence, located at 470 West School Street.

 

A Staff Report was given by Ignacio Gonzalez, Planning Consultant, who responded to questions from Council.

 

Mayor Kurvers invited the applicant to speak.

 

Jessie Pearl Castillo, 8869 Water Rd., Cotati, gave a brief history regarding her interest in the property. She commented on the design and placement of the residence as well as aspects relating to the grading, height of the home and elimination of the granny unit with the Planning Department.  Ms. Castillo stated that she wished to incorporate her family’s heritage into the design of her home.  She commented on the application fees and project.  She indicated that it was her understanding that a General Plan amendment and rezoning request would be processed on both properties associated with the overall proposal.  She did not feel that visibility of her residence was a deterrent to the hillside.  Ms. Castillo stated that she would like a workable solution for the issues at hand.

 

Mayor Kurvers opened public comment.

 

Barry Vogle, 280 North Oak St., Ukiah, family attorney for the Castillo’s, commented on issues regarding the project.  Mr. Vogle requested clarification of the applicant’s fees, designation of named applicants and staff’s perception of design.  He questioned staff’s position of continuing to have concerns about the project, given the Planning Commission’s approval of the project in its entirety along with certain mitigations.  Mr. Vogle felt design was a private matter and that Mr. Castillo’s neighbors supported his choice of style. Vogle remarked that he felt the project was being stopped due to unspecified and undelineated standards.  Mr. Vogle remarked that the project had been approved by a licensed architect and engineer and should not be denied. 

 

Paul Foti, 7883 Old Redwood Highway, commented that the size of the residence should not be an issue.  Mr.  Foti did not agree that a craftsman style was necessary.   Mr. Foti stated that the Castillo’s choice of design would be a welcome addition to the City and surrounding area.  Mr. Foti commented that the family’s heritage should be a consideration when approving the design of their home.

 

Mark Firestone, 8483 Loretto Ave., stated that he had reconstructed his home in a craftsman style.  Mr. Firestone remarked that every home in Cotati should not require construction in such with such design.  Mr. Firestone commented that various homes in the Napa area had incorporated a Tuscan or Spanish design which proved to be a great asset to the community.  Mr. Firestone stated that individuals should be allowed to place their own ‘stamp’ and design on their residence.  Mr. Firestone questioned whom and what dictated the use of story poles. 

 

Nicole Hernandez, 8863 Water Rd., supported her parent’s choice of style for their home.  She hoped that Council would approve the incorporation of the family’s heritage into their design.

 

Mayor Kurvers closed public comment.

 

With regard to a request from Mayor Kurvers, Planning Director Woltering clarified fees and the processing of the application for both of the applicants.

 

In answer to a question from Councilmember Moore, Planning Director Woltering stated that a separate application submitted by the Kwan family on the associated adjoining property was withdrawn.  Consequently a General Plan amendment and rezoning were not considered in the project work or noticing for that property when processing the Castillo application.  Therefore, a separate application for a General Plan amendment and rezoning would need to be re-submitted and processed for the Kwan property.

 

In response to a question from Councilmember Berkemeier, Planning Director Woltering clarified the Castillo’s fees.

 

In answer to a question from Councilmember Moore, Planning Director Woltering stated that the amendment to the General Plan was from General Commercial to Rural Residential.  Woltering remarked that the Kwan’s were asking for the same General Plan and zoning classification as the Castillo’s.  Planning Director Woltering mentioned that the Kwan’s desired to construct a residence similar in size and design as the Castillo’s.  Woltering added that the applicants would be sharing the same driveway. 

 

In answer to a question from Mayor Kurvers, Ms. Castillo clarified her application name as Cotati Knolls, LLC.  Ms. Castillo affirmed that her application name did not include the Kwan name.  Ms. Castillo commented that she had the authority to sign for the LLC, associated with both the Kwan and Castillo properties.

 

Planning Director Woltering commented on names specific to the Castillo’s concerns. 

 

Mayor Kurvers reiterated Council’s desire to address Ms. Castillo’s development with regard to the rezoning of the General Plan and that fees would be addressed at a later time.

 

Ms. Castillo presented a copy of the application to Council.

 

In answer to a question from Mayor Kurvers, Planning Director Woltering clarified that the application focused on the Castillo property.  He stated that the public notice did not extend onto the Kwan property nor did it consider the Kwan property with respect to environmental review, a General Plan amendment or rezoning.   Consequently, Woltering advised that Council should not consider the Kwan property in their decision-making at this time. 

 

City Attorney Walter discussed Council consideration of the Kwan property.  City Attorney Walter clarified that should Council desire to consider a General Plan amendment and rezoning of the Kwan property as part of its deliberations on the Castillo application, the Castillo application would need to be continued to complete additional staff work and re-noticing. 

 

In answer to a question from Mayor Kurvers, Planning Director Woltering discussed the application and fee requirements for the Kwan parcel regarding the environmental review, General Plan amendment, rezoning and Design Review that would be involved.

 

Discussion ensued regarding the Castillo’s application terminology of Cotati Knolls, LLC. 

 

City Attorney Walter clarified that the current public notice did not adequately address the ability to consider, at this time, a General Plan amendment or rezoning on the Kwan property.

 

Nicholas Castillo, 8869 Water Rd., stated that he was unhappy with the City’s timeline for processing the Castillo and Kwan projects.

 

Council and staff discussion ensued regarding the process of approval for both the Castillo and Kwan projects.

 

In answer to a question from Councilman Berkemeier, Planning Director Woltering stated that the required timeline for a General Plan amendment, rezone and design review for Mr. Kwan would be approximately 90-120 days from the date of receiving a completed application.

 

Ms. Pearl Castillo, Cotati, mentioned that fees were an issue for Mr. Kwan and that it had been assumed the fees paid by the Castillo’s for a General Plan amendment and rezoning would be sufficient to address both properties.

 

Mayor Kurvers closed public comment.

 

In answer to a question from Councilwoman Orchard, Planning Director Woltering clarified the procedure for processing both parcels as one application.  Woltering stated that the timeframe for processing the Kwan General Plan amendment, rezone, along with circulation and noticing as part of the Castillo application, would require continuing the Castillo application for approximately 60 days.

 

At the request of Mayor Kurvers, Planning Director Woltering commented on the use of story poles.

 

In answer to a question from Vice Mayor Gilardi, Planning Director Woltering clarified the flexibility of individual home styles.  Woltering stated that the General Plan encourages craftsman style architecture.  Woltering mentioned that the issue at hand was that of visibility of the proposed residence; and that, various architectural styles are actually accepted by the City.

 

Vice Mayor Gilardi commented that hillside development had been an issue with her, as well as the Planning Department for some time.  Vice Mayor Gilardi indicated that although the Castillo project was a private endeavor, hillside homes impacted the public visually. Vice Mayor Gilardi remarked that guidelines for hillside construction were outlined in the General Plan. Vice Mayor Gilardi mentioned that there was an obligation to protect the scenic quality of the Cotati grade corridor from backup traffic caused by sightseeing motorists.  Gilardi remarked that flat lot homes were visually far less significant versus that of hillside homes. Vice Mayor Gilardi mentioned that impact was very important to her and to the community.  She stated that Cotati residents wished to protect their views, and that residents consider hillsides and ridgelines as part of their ownership, as well as part of their view.  Gilardi commented that she would like effort directed to lessen the visual impact of the home.  Vice Mayor Gilardi expressed concern that Council could be setting a precedent for future hillside development if the home were accepted as presented.

 

Councilman Berkemeier remarked on the timeline of the project.  Councilman Berkemeier also stated that he did not dislike the style/design of the Castillo home.

 

Vice Mayor Gilardi stated that one could not see the hillside behind the Castillo home, indicating that the home was positioned on top of the hill.  Vice Mayor Gilardi stated that the home would be very visible from the 101 corridor.  Vice Mayor Gilardi remarked that she believed the impact of the home would be in violation of the General Plan.

 

Councilmember Moore remarked that she liked the design of the Castillo’s home.  Councilmember Moore stated that every homeowner should not be required to build in a craftsman style.

 

In response to a question from Councilwoman Moore, Ignacio Gonzalez, Planning Consultant, commented on the slope of the Castillo home.   Mr. Gonzalez clarified issues problematic to shifting the location of the home onto other sloped areas.

 

Mayor Kurvers stated that she admired the design and effort put into the project by the Planning Commission and Design Review Committee.  Mayor Kurvers remarked that she especially liked the trees and forestry incorporated into the project.  Mayor Kurvers stated that she would like to see similar, potential applications expedited in the future.

 

A motion was made by Councilmember Orchard and seconded by Councilmember Moore to adopt Resolution No. 03-92 approving a mitigated negative declaration for a General Plan Amendment designating a 0.22 acre portion of APN 144-330-002 from General Commercial to Rural Residential: Ordinance Amendment amending the zoning from C-1 (Commercial) to AR-1.5 (Agricultural Residential); Lot Line Adjustment adjusting a 0.22 acre portion from APN 144-330-002 into APN 144-230-024; and approval of preliminary design review for the construction of a 6,780 sq. ft. residence, located at 470 West School Street.  In addition, City Council directed that the City would not charge application processing fees related to a request for a General Plan amendment and rezoning from General Commercial and C-1 to Agricultural/Residential and AR-1.5 on the adjoining Kwan property; however, that other entitlement fees related to developing that property would be charged.

 

Yes:    4          No:      1 (Gilardi)

 

Introduction of Ordinance No. 754 Rezoning a 0.22 acre portion of APN 144-330-002 from C-1 (Commercial) to AR-1.5 (Agricultural Residential) Applicants:  Castillo/Saunders (AP#144-330-002 (portion)/144-230-024; PA #18-02)(Planning)

 

A staff report was given by Nash Gonzalez, Planning Consultant, who responded to questions from Council.

 

Mayor Kurvers opened public comment.

 

There being no one to speak, Mayor Kurvers closed public comment.

 

At the suggestion of City Attorney Walter a motion was made by Councilwoman Orchard and seconded by Councilwoman Moore to introduce Ordinance No. 754 rezoning a 0.22 acre portion of APN 144-330-002 from C-1 (Commercial) to AR-1.5 (Agricultural Residential) Applicants: Castillo/Saunders (AP#144-330-002 (portion) to include the following amendments to Ordinance No. 754:

 

SECTION 3. A. Cotati Knolls, LLC, and (Nicholas and Pearl Castillo) shall defend, indemnify and hold harmless the City and its agents, officers, attorneys or employees from any claim, action, or proceeding brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul the City Council's decision to approve this zoning amendment, the related general plan amendment, lot line adjustment and design review approval, planned unit development overlay and the Mitigated Negative Declaration and/or the mitigation monitoring plan pertinent to this project. This indemnification shall include damages or fees awarded against the City, if any, cost of suit, attorneys' fees, and other costs and expenses incurred in connection with such action whether incurred by Nicolas and Pearl Castillo, including its partners, the City, and/or the parties initiating or bringing such action.

 

B.  The applicants, Cotati Knolls, LLC and Nicolas and Pearl Castillo, shall defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as the Mitigated Negative Declaration), if made necessary by said legal action and if Nicolas and Pearl Castillo, desires to pursue securing such approvals, after initiation of such litigation, which are conditions on the approval of such documents, in a form and under conditions approved by the City Attorney.

 

C.  In the event that a claim, action or proceeding described in Subsection A, above, is brought, the City shall promptly notify Nicolas and Pearl Castillo, of the existence of the claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action or proceeding. Nothing herein shall prohibit the City from participating in the defense of any claim, action or proceeding. In the event that Cotati Knolls, LLC and Nicolas and Pearl Castillo, is are required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to (i) approve the counsel to so defend the City, (ii) approve all significant decisions concerning the manner in which the defense is conducted, and (iii) approve any and all settlements, which approval shall not be unreasonably withheld. The City shall also have the right not to participate in said defense, except that the City agrees to cooperate with Nicolas and Pearl Castillo, in the defense of said claim, action or proceeding. If the City chooses to have counsel of its own to defend any claim, action or proceeding where Nicolas and Pearl Castillo, has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City,;provided, however, that should the City Attorney be chosen to defend the City, the City Attorney’s fees and costs shall be paid by Cotati Knolls, LLC and Nicolas and Pearl Castillo.

 

Yes:      5         No:       0

 

Mayor Kurvers called for a short recess at 9:10 p.m.

 

Mayor Kurvers reconvened the regular meeting at 9:23 p.m.

        

CONSENT CALENDAR

        

Mayor Kurvers read the Consent Calendar titles and asked if any should be pulled for discussion.

 

Item(s) pulled:  7 (Berkemeier, Firestone)

 

City Attorney Walter clarified that it was not necessary for Councilman Berkemeier to step down from the dais.  City Attorney Walter explained that Councilman Berkemeier need only abstain from the item in question.

        

5.      Approval of Final Map and Subdivision Improvement Agreement for Heritage Gardens.

        

6.      Direct staff to begin a personnel recruitment to fill the vacancy of the Police Lieutenant position.

 

7.      Direct staff to investigate cost of installation of lighting along pedestrian path in the Park Meadows open space area.

 

At the request of Mr. Mark Firestone, Mayor Kurvers gave an explanation of the item.

 

Mark Firestone, 8483 Loretto Ave., remarked that graffiti had appeared on and around the bridge area making adequate lighting a necessity.  Mr. Firestone mentioned that improper lighting could prove problematic to homeowners and that it should not be directed into neighboring homes.  Mr. Firestone hoped that Council would be mindful of such consideration in their decision-making.

 

Mayor Kurvers commented that she enjoyed the bollard lighting at Wilford Lane Village.  Kurvers hoped staff would give consideration to this type of lighting for the Park Meadows area.

 

A motion was made by Councilmember Orchard and seconded by Councilwoman Moore for staff to investigate the cost of the installation of lighting along the pedestrian path in the Park Meadows open space area.

 

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

        

8.      Approval of the Notice of Completion for the Citywide Slurry Seal – Project No. E03-18.

 

A motion was made by Councilman Berkemeier and seconded by Councilmember Orchard to approve Consent Calendar Item Nos. 5, 6 and 8.

 

Yes:     5          No:      0

        

REGULAR AGENDA

        

9.      Approval of request of Rancho Cotati Little League to install two “bullpens” at Putnam Park.  (Assistant City Manager)

 

A staff report was given by Assistant City Manager Dorch who responded to questions from Council.

 

Mayor Kurvers opened public comment.

 

In answer to a question from Mayor Kurvers, Mr. Dell’Osso stated that he did not know where the term ‘bullpen’ had originated.

 

Mayor Kurvers closed public comment.

 

A motion was made by Councilman Berkemeier and seconded by Vice Mayor Gilardi approving Rancho Cotate Little League’s installation of two “bullpens” at Putnam Park.

 

Yes:     5          No:      0

        

10.    Request for interpretation of Condition No. 34 (Resolutions No. 01-63 and 01-64) regarding front yard setbacks for lots 11 through 14 at Altman Acres Subdivision located at 8770 Old Redwood Highway.  (Planning Director)

 

A staff report was given by Planning Director Woltering who responded to questions from Council.

 

Greg LeDoux, 48 W. Sierra Ave., project architect, gave a synopsis of the applicant’s proposal for setbacks.

 

Councilmember Moore questioned a conflict of interest due to the fact that she had voted on the project while seated on the Planning Commission.  Councilmember Berkemeier remarked no conflict of interest existed in that a year had passed since Councilmember Moore would have voted on the project.

 

Mayor Kurvers opened public comment.

 

There being no one to speak on the item, Mayor Kurvers closed public comment.

 

Mayor Kurvers mentioned attending the Planning Commission when the project had been discussed.  Mayor Kurvers stated that she especially appreciated Planning Commissioner Rock’s request for garage carriage doors.  Mayor Kurvers commented that she was comfortable with the interpretation of the homes.

 

Vice Mayor Gilardi, Councilmember Moore and Councilmember Orchard acknowledged agreement with the design of the homes.  Vice Mayor Gilardi stated that she especially liked the brown house.

 

A motion was made by Councilman Berkemeier and seconded by Councilmember Moore approving Condition No. 34.

 

Yes:     5          No:      0

 

Mayor Kurvers acknowledged Mr. Greg LeDoux’s 15 years of service on the Design Review Committee.

        

11.    Adoption of Resolution No. 03-90 Adopting the Mitigated Negative Declaration and Approving the Myrtle Avenue U-Turn Project  (Planning Director)

 

At 9:41 p.m. Councilman Berkemeier stated that he would step down from the dais due to a conflict of interest in that he lived within 500 feet of the area in question.

 

A staff report was given by Planning Director Woltering who responded to questions from Council.

 

In answer to a question from Mayor Kurvers, Public Works Superintendent Nommsen clarified the different uses and types of signage. 

 

Mayor Kurvers opened public comment.

 

Mark Firestone, 8483 Loretto Ave., questioned the dimensions of the median delineators as well as the types of ‘bumps’ which would be installed.  In answer to Mr. Firestone’s questions, Public Works Superintendent Nommsen clarified that median delineators would be approximately 30-inches tall and that 4-inch rumple bumps would be installed.  Firestone stated that resident concern was primarily with cut-through traffic to Rohnert Park.  Mr. Firestone remarked that the Myrtle Avenue median would not be problematic for public service agencies. 

 

Lou Callas, 67 Benson Lane, was happy to see the project come forward.  Mr. Callas mentioned that speeding was an issue for Benson Lane.  He suggested revisiting a three-way stop at the beginning of Park and Benson and as well as McGinnis Circle.  Mr. Callas stated that the intersection of Park and Myrtle was in need of a stop sign. 

 

Steven Scott, 8492 Larch Ave., hoped that the slight rise in the road, located in the area of the proposed u-turn, would not prove hazardous to motorists when facing on coming traffic or maneuvering the u-turn.  Mr. Scott commented that residents in “L” section may be inconvenienced with the proposed u-turn. 

 

Lori Vella, 8562 Loretto, was not in favor of the Myrtle Avenue u-turn.  She did not feel that it would hinder cut-through traffic. 

 

Inaudible, 25 Myrtle Ave., commented that the Myrtle Avenue u-turn would not be effective.  She mentioned that traffic on Myrtle Avenue would become impacted and cause traffic accidents.

 

Mayor Kurvers closed public comment.

 

In answer to a question from Mayor Kurvers, Public Works Superintendent Nommsen clarified that consideration had been given to driveways in the area of the proposed u-turn.  Superintendent Nommsen added that the location of the u-turn would not interfere or conflict with the driveway at 25 Myrtle Avenue.

 

In answer to a question from Mayor Kurvers, Public Works Superintendent Nommsen commented that sidewalks had not been constructed on the north side of Benson Lane due to a right-of-way issue. 

 

Councilmember Moore favored the u-turn on Myrtle Avenue for safety reasons.  Councilwoman Moore commented on the amount of traffic and number of vehicles per household. 

 

Councilmember Orchard stated that she supported the u-turn.  Councilmember Orchard mentioned that she would like to see the project monitored and for the City to proceed with it.  Councilmember Orchard stated that she was under the impression the u-turn would be temporary in order to direct vehicles onto other arterials as well as re-educate individuals to attain other driving habits.  Orchard mentioned that motorists may perceive the u-turn as an inconvenience.

 

Mayor Kurvers commented that installation of the u-turn was a safety issue as well as a method to minimize cut-through traffic.  Mayor Kurvers stated that she felt comfortable with the proposal and would like to see the project go forward as a ‘test’. 

 

Councilmember Moore commented that she favored the installation of the u-turn as a safety measure.  Councilmember Moore cited the pros and cons of the proposed u-turn and mentioned that it would be an inconvenience to cut-through traffic.  Councilmember Moore added that she felt the increase in traffic was due largely to households owning multiple vehicles.

 

Councilmember Orchard stated that she supported the proposal along with the other mitigation which had already been implemented by the Public Works Department.  She stated that the intention of the proposal was to direct traffic onto streets designed for heavier traffic load.  Orchard indicated that the installation of the u-turn could be an inconvenience to neighborhoods.  She commented that the u-turn was a necessity and a temporary situation in order to direct traffic onto other arterials.  Councilmember Orchard stated that she looked forward to the monitoring of the u-turn and hoped it would work as intended.  Councilwoman Orchard commented that she did not recall conversation indicating that the u-turn would be a permanent situation. 

 

Council conversation ensued as to the permanence of the u-turn.

 

Councilmember Moore commented that the u-turn would become a permanent installation if it proved successful.  Councilmember Moore noted that if the u-turn were removed, motorists would once again resume to cut-through traffic. 

 

Mayor Kurvers mentioned that if motorists remained ‘untrained’ and the u-turned proved unsuccessful (based on traffic counts) that she would favor removal of the u-turn. 

 

Vice Mayor Gilardi interpreted the u-turn to be temporary and that it would be removed if it proved unsuccessful.  She stated that she agreed with Councilmember Orchard’s comments and hoped that the u-turn would retrain motorists to use arterials designed for heavier traffic loads.

Vice Mayor Gilardi stated that she was in favor of the u-turn.

 

City Manager Stubbings commented that she would direct staff to evaluate the safety of the Myrtle Avenue u-turn.  She requested that staff evaluation be inclusive of public safety issues, i.e., police, fire as well as consideration for traffic counts.  City Manager Stubbings agreed that the rise in the road at the area of installation could present a possible traffic hazard.  Stubbings stated that she would like staff to confer with trained consultants who would recognize any deficiencies in the proposal.  City Manager Stubbings supported staff’s recommendation.   She added that deficiencies discovered within the 60-day timeframe would be brought back to Council.

 

Public Works Superintendent Nommsen clarified that signage, delineators and rumple bumps would be installed in a temporary fashion in order to minimize any labor in the removal of said items.

 

A motion was made by Councilmember Moore and seconded by Vice Mayor Gilardi adopting Resolution No. 03-90 adopting the mitigated negative declaration and approving the Myrtle Avenue U-turn Project as described herein.

 

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

        

Councilman Berkemeier returned to the dais at 10:25 p.m.

 

JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS

        

Call to Order

 

The joint meeting was called to order at 10:26 p.m. by Mayor/Chair Kurvers.

        

Roll Call

 

Council/Board Members present:  Kurvers, Gilardi, Berkemeier, Moore, Orchard

Staff present:   Stubbings, Dorch, Woltering, Hayes, Sime, Walter

        

Consent Calendar

 

Mayor/Chair Kurvers read the Consent Calendar and asked if the item should be pulled for discussion.

 

12.    Approval of warrants and audited claims for the period November 20 – December 3, 2003.

 

A motion was made by Council/Board Member Berkemeier and seconded by Council/Board Member Moore 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, and the regular City Council meeting reconvened, at 10:27    p.m.

 

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 10:46 p.m. to 7:00 p.m. on Monday, December 15, 2003.

 

Respectfully submitted,

 

                                                                                                                       

Administrative Clerk

 

* * *

PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54950.5 ET SEQ, THE CITY COUNCIL WILL MEET IN CLOSED SESSION.  MORE SPECIFIC INFORMATION REGARDING THE GROUNDS FOR THIS CLOSED SESSION MEETING IS PROVIDED BELOW.

 

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to California Government Code §54956.9(b): One potential case 

 

PUBLIC EMPLOYEE PERFORMANCE EVALUATION (California Government Code §54957)

                                                                                                         Title:  City Manager