Following the closed session, the joint meeting was adjourned at 6:55 p.m.

Mayor Berkemeier called the regular meeting of the City Council to order at 7:00 p.m.

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

Staff present: Shaddox, Dorch, Hayes, Woltering, Anna, Walter

Mayor Berkemeier reported that no action had been taken in closed session.

1. Regular meeting of November 28, 2001.

It was moved by Gilardi, seconded by Orchard, to approve the minutes of November 28, 2001 and to waive the reading of all ordinances introduced and/or adopted under this agenda.

Yes: 5 No: 0

-- Reminder - City offices will be closed from Friday, December 21 through Tuesday, January 1. There will be no second City Council meeting this month. The next regular meeting will be Wednesday, January 9, 2002. Happy holidays!

-- Mark your calendars now to attend the Pasta Dinner and Bingo fundraiser for the Kids Parade. The dinner will be held on Saturday, February 23 from 5 to 8 p.m. at the City Corporation Yard.

Mr. Burgess was not present.

None.

Councilwoman Gilardi stated the Rancho Cotati High School football team has brought the community together and has been honored by the School District Board and Rohnert Park City Council. She said she would like the Cotati City Council to honor the team as well. Staff was directed to prepare a proclamation for presentation in January honoring the team, the school band, coaching staff and cheerleaders. Councilmembers Fox and Gilardi will work with staff on the proclamation.

Councilman Fox asked the status of a report to L Section residents regarding traffic issues in that area. City Manager Shaddox responded staff is preparing a report for the January 9 agenda and residents will be notified of the agenda item.

Item pulled: #5

It was moved by Fox, seconded by Orchard, to approve the remainder of the Consent Calendar.

Yes: 5 No: 0

Item No. 5: Vice Mayor Orchard asked how the legal firm is selected. City Manager Shaddox responded that the City has had an ongoing relationship with the firm. The City has renewed the contract on an annual basis because the firm is familiar with Cotati and, in addition, REMIF utilizes the firm. He noted that, in addition, Cotati is a member of a consortium that utilizes this firm. Services are billed on an as-needed basis.

It was moved by Orchard, seconded by Gilardi, to approve Item No. 5.

Yes: 5 No: 0

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

John Rock, 35 Page Street, said the cost of over $12,000 is a lot of money for a temporary measure and he wondered if there were other, less expensive, solutions.

City Manager Shaddox responded that about $11,000 of that would be for the permanent installation of a property line fence – a 4’ high fence with green vinyl coating. He added that the bollard posts, when removed, would be salvageable and thus reusable for other City needs.

John Rock said the fence was part of the old design for the area and asked if it is in the new design and will be open to public comment.

It was moved by Gilardi, seconded by Kurvers, to approve the installation of a property line fence along the west property line of the Cotati Civic Center property, along with the installation of bollard posts to prevent vehicle access at the West Sierra Avenue frontage and the Christensen Lane frontage.

Yes: 5 No: 0

Planning Director Woltering gave a staff report and responded to questions from Council. He recommended amendment to the Property Transfer Agreement such that the owner, at his expense, would need to process, through the City, a merger of the 3,100 sq. ft. piece of property with the larger piece of property that he owns to assure that this is one single piece of property.

Buck Oates, 656 W. School Street, reviewed the process of discovering exactly what happened in the past and how the situation can be remedied.

It was moved by Kurvers, seconded by Orchard, to approve the Property Transfer Agreement between the property owners (Oates, et al) and the City, amended as described above, and authorize the Mayor to execute the Agreement on behalf of the City.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Orchard, to approve the two Grant Deeds that grant a dedication of property to the City for right of way needed for future widening of Gravenstein Highway within Locust Avenue and "Old Cotati Road" and authorize the City Clerk to execute said deeds.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Orchard, to approve the Quitclaim Deed from City to Oates, et al, that is not needed for future right-of-way needs along the "Old Cotati Road" right-of-way and authorize the City Clerk to execute said deed.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Orchard, to direct the Deputy City Clerk to do all that is necessary to record the executed Agreement, Grant Deeds and Quitclaim Deed all at the same time.

Yes: 5 No: 0

Mayor Berkemeier directed that, instead of considering Item No. 9, Council would move to Item 10 at this time because the representative from Larry's Sanitary Service, Inc. had not yet arrived.

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

Ken Foley, Larry’s Sanitary Service, highlighted a number of projects and accomplishments during the past year. These included various informational outreach programs and needs evaluations. He invited Council suggestions for further improvements in service. He complimented City Manager Shaddox for initiating a change in the street sweeping schedule in the City which has resulted in cleaner streets and fewer customer complaints. In 2002 they will distribute pamphlets giving information regarding schedules, fees, services, and requirements. He discussed plans to increase recycling in Cotati in 2002.

Mr. Foley responded to questions from Council. With regard to single-stream recycling, he addressed the possibility of a rate increase associated with such a program. He said there is a cost involved for equipment, containers and capital expense for modifications to their facility, and costs vary by city. He hopes to have the single-stream information available by the end of January.

Mayor Berkemeier criticized Larry’s efforts to educate the citizens about recycling, saying that not nearly enough has been done despite repeated assurances that programs would be undertaken.

George Barich, 176 W. Cotati Oaks Court, said for the most part waste collection employees are overpaid and have very good benefits. In the present state of recession and war, people are being asked to tighten their belts and in some cases take pay cuts. He expressed concern about recycling of toxic batteries and lack of information available on that topic. He said the requested rate increase is not justified.

Councilwoman Kurvers said she feels the City is well served by Waste Management, though there is room for improvement in recycling efforts. She offered to serve on a subcommittee to discuss the issues.

Vice Mayor Orchard stated she thinks they [Waste Management, Inc.] are entitled to the increase and she is satisfied that the documentation attached to their request justifies it. Councilman Fox said he is in favor of this resolution but not in favor of a rate increase for single stream recycling. He said Waste Management should just do the single-stream and be done with it. Councilwoman Gilardi said she feels the rate increase is justified and, acknowledging the present economy; she said a higher rate of service will be expected with the increase. Mayor Berkemeier offered to help Mr. Foley in walking the community for education.

It was moved by Kurvers, seconded by Orchard, to adopt Resolution No. 01-118 Approving a Garbage and Rubbish Disposal Rate Increase for the 2002 Calendar Year.

Yes: 5 No: 0

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

Ralph Jones, Prudential California, representing Mr. Winters, the subject property owner, said the station has been closed for an extended time because of delays in getting approvals for environmental cleanup. He said that parcel was designed to be utilized as a service station and could hardly be used for anything else. The property is presently in escrow, awaiting completion of the cleanup. He said that intersection is ideally suited for service stations and is very busy. He would like to see Shell and Chevron both be able to continue at that intersection.

Clark Wallace, of Wallace, Stevenson and Ryan, 13 Bel Aire Drive, Orinda, said he has been working on the Lucky's/Albertson's store, the commercial uses in front of the store, and now is working on the site of the former Tubby's Restaurant. His client intends to do a full-fledged Chevron station, with an application before the Planning Commission in a couple of weeks.

Bob Abbott, RHL Design Group, 1137 No. McDowell, Petaluma, designers for the proposed Chevron station, said Chevron is ready to submit an application almost immediately, upon Council’s direction as to policy.

Following discussion, Council consensus was to direct staff to return with a report on possible legal liability with regard to a policy decision and also information regarding economic implications of having several service stations in close proximity.

The joint meeting was called to order at 8:43 p.m.

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

Staff present: Shaddox, Dorch, Hayes, Anna, Walter

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

Yes: 5 No: 0

City Manager/Executive Director Shaddox reviewed the request by the Chamber of Commerce to lease space in the former Middle School for their offices.

Chamber President Rich Lucchesi and Suzanne Whipple, Executive Director, responded to questions from Council. Council explored possibilities for accommodating administration of the City’s recreation program, with a view toward possibly utilizing a small portion of the subject space for that use.

George Barich, 176 W. Cotati Oaks Court, said he is not in favor of the proposed lease. He noted that the location is planned for some recreational or community use, and he is concerned that the Chamber will become dependent on the space and that could be a problem in the future. He said another location might well be found in the City. With the City supporting the Chamber financially, it might create an undesirable precedent. Regarding the City’s disaster plans, he said we are not prepared, and the former Middle School would be a perfect triage site. That site may be needed for a storage area during the period of transition to the new police facility.

Louise Petersen, owner of The Apple Crate and the landlord who gave notice to the Chamber, said she is also a Chamber member and would love to have the Chamber stay in her space but she needs the area for her business. She feels housing the Chamber offices at the former Middle School will be a favorable arrangement for both the City and Chamber. She said there will be other space opening up in the City in the future for the Chamber to use, but the Chamber needs the space at the former Middle School on a temporary basis at this time.

Suzanne Whipple, Chamber Executive Director, 8709 Dorfman Drive, said the Chamber could use the front part of the office for their public information services, and the non-public matters could be located in an office or meeting room. She believes a good arrangement can be worked out to accommodate City recreation services in the space.

Mayor Berkemeier complimented the Chamber of Commerce on its professionality and willingness to help individuals and the community.

Councilwoman Kurvers said the proposed arrangement is a good one and will benefit the community.

Councilwoman Gilardi said she wholeheartedly supports the Chamber and wants to see some sort of shared facility with City recreation administration.

It was moved by Orchard, seconded by Kurvers, to approve a lease as recommended by staff, and to provide space for City recreation administration, to direct staff to prepare an agreement, and authorize the Mayor/Chairman to execute the agreement.

Councilman Fox said he appreciates the work the Chamber does but does not necessarily like its being in that space because it is not very visible. More importantly, he does not think it is a good idea to be renting space to a nonprofit organization prior to completion of the total Civic Center plan. He said the City will have to be very firm about not renting out any other space. He said the Cotati Philharmonic stores very valuable equipment and instruments in the only alarmed room at the former Middle School. Assistant City Manager Dorch said as long as the Cotati Philharmonic can continue to utilize the lockable room in that space, that will suffice.

Councilwoman Gilardi agreed no more space must be given out until the plan is complete. Councilwoman Kurvers said a formal statement should be made as to the space being used by the Philharmonic. Vice Mayor Orchard said since this is an agreement for temporary use, there will not be pressure to give up more space to other organizations. Councilman Fox disagreed, saying that pressure could be great.

The vote was taken:

Yes: 5 No: 0

The joint meeting was adjourned at 9:14 p.m. and the regular City Council meeting reconvened.

Councilmembers reported on meetings they have attended recently.

The meeting was adjourned to closed session at 9:40 p.m. for the following reason:

The meeting was reconvened in open session at 10:25 p.m. The meeting was adjourned at 10:27 p.m. to a closed session to be held on Monday, December 17, 2001 at 7:00 p.m.

Respectfully submitted,

____________________________

Deputy City Clerk