The joint meeting was called to order at 6:00 p.m. by Mayor/Agency Chairman Berkemeier.

The closed session of the joint meeting was adjourned at 7:00 p.m. and the regular City Council meeting reconvened.

The regular meeting of the City Council was called to order at 7:02 p.m. by Mayor Berkemeier.

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

Staff present: Shaddox, Dorch, Hayes, Kirkpatrick, Stewart, Bertolero,Walter, Sime

Yes: 5 No: 0

Mayor Berkemeier announced that Agenda Item No. 8, Approval of Lot Line Adjustment—South Sonoma Business Park (Monahan Pacific) had been pulled from the agenda by the applicant, Monahan Pacific, and therefore the item would not be taken up for consideration by Council at this time.

-- Raffi Dalcolmo, Mountain Shadows Middle School

Honorary Mayor Dalcolmo reported on his interests and personal goals. He gave an overhead presentation on a skateboard ramps and available youth activities in Cotati. Honorary Mayor Dalcolmo also introduced his teacher and family members. Mayor Berkemeier and Vice Mayor Orchard thanked him for his presentation.

Councilmember Fox stated that he would like to obtain Council’s support to reagendize the Marsh Way Bike Path. Fox stated that he had obtained internet information on a Santa Cruz based group, which offered a somewhat ADA compliant system to help construct pathways. Councilmember Fox offered a motion that Council reagendize the Marsh Way Bike Path for the April 11, 2001 Councilmeeting.

On the motion by Councilmember Fox and second by Councilmember Gilardi, Council directed staff to reagendize the Marsh Way Bike Path for the April 11, 2001 Councilmeeting.

Yes: 5 No: 0

In answer to a question from Councilmember Gilardi, Mayor Berkemeier confirmed that the public would be heard at this meeting.

Steve Guinn, 50 Ramble Creek Drive, commented on the Ramble Creek Mobilehome litigation and stated that he was not in favor of the process.

Patricia Jonas Voulgaris, Cotati, announced the May 19, 2001 Casino Night, which will be held at the Cotati Veteran’s Building. Ms. Voulgaris demonstrated paintings from Russia and Greece, which would be displayed in the Helen Delevois Museum. Mr. Bill Voulgaris demonstrated his handmade model sailing vessel, and stated that such family heirlooms would be on display within the Delevois Museum.

Ann Mathewson and her brother, John, 9035 Cypress Ave., commented on wheelchair accessibility of pathways within the City. Ms. Mathewson stated that she felt some of the ADA handicapped parking spaces throughout the City were not quite ADA compliant, due to the fact that the length of the parking space was somewhat short for vehicle side-lift use. Ms. Mathewson hoped the new Marsh Way Bike Path would be accessible for all Cotati citizens and that the City not go ahead with paving the pathway.

George Barich, 176 W. Cotati Oaks, supported wheelchair accessible pathways. Mr. Barich invited Council to tour a private, westside City pathway, which he felt very accessible for disabled individuals.

Tim Foley, 8473 Loretto Avenue, was not in favor of an asphalt pathway. Mr. Foley felt the presence of the pathway around his home would affect his privacy.

Barry Harris, 90 Gilbert Way, had issues with Councilmember Fox reagendizing the Marsh Way Bike Path. City Manager Shaddox clarified the process of reagendizing an item which had been voted against at a previous meeting by Council. Shaddox stated that a motion to reconsider an agenda item was appropriate during the same meeting in which that agenda item was addressed, and in the next subsequent meeting only. Shaddox went on to say that beyond that immediate meeting and beyond the very next meeting, that Council had the option to rescind previous actions at will. Shaddox further commented that there are no rules governing who can introduce a motion to place the issue on a future agenda or a motion to actually rescind the previous action.

Marlena Eckle, 8547 Larch Avenue, did not favor a 6-ft. width for the Marsh Way Bike Path. Ms. Eckle supported a gravel covering for the pathway and did not agree that asphalt paving would be acceptable. Ms. Eckle would like to see the pathway remain as close to nature as possible. She was happy that the item would brought back to Council in April.

Ken Coleman, 8467 Loretto Avenue, remarked that he was against an asphalt-covered pathway. He felt the pathway would devalue his property due to the increase in traffic behind his home.

Mayor Berkemeier closed the Citizen’s Business portion of the agenda.

2. National Telecommunicators Week, April 8-14, 2001

Police Chief Robert Stewart read the National Telecommunicators Week Proclamation. Councilmember Kurvers suggested that the City Dispatchers be present at the April 11, 2001 Council meeting in order for Council to commend the fine work they are doing for the City.

Planning Director Dorch gave a staff report and responded to questions from Council. Dorch explained the thrust of the ordinance itself and stated that the Planning Commission supported the ordinance.

In answer to a question from Vice Mayor Orchard regarding regulation of the aesthetics of the communication towers, Planning Director Dorch clarified that a process of aesthetic review was allowed within the ordinance.

Councilmember Gilardi remarked on the location of the towers.

Councilmember Fox asked for clarification regarding the distance mentioned in the ordinance on page four, No. 2 A.

Mayor Berkemeier opened the Public Hearing.

Peter Hillyard, 19202 Robinson Rd., Sonoma, CA, stated he had received a faxed copy of Ordinance No. 713 and, being in the industry of constructing towers, suggested working along with Senior Planner Lustig and Planner Dorch. Mr. Hillyard felt that certain portions of the ordinance should be amended. Planning Director Dorch informed Mr. Hillyard that there would be a second reading of the ordinance and that any amendments would be brought back to Council.

John Rock, 35 Page Street, did not want to see further attachments to power poles. Mr. Rock commented that he felt the power pole in front of his home was not aesthetically pleasing.

Mayor Berkemeier closed the Public Hearing.

Councilmember Gilardi commented that she liked the idea that some revenue would be generated from the towers/facilities.

Vice Mayor Orchard stated concern regarding the location of the towers.

In answer to Councilmember Fox's question regarding additional towers being located at the City's Corporation Yard, Planning Director Dorch clarified that any new towers would be kept in close proximity to the already established facility. Dorch commented that these facilities would be located basically northeast of the present tower location.

A motion was made by Councilmember Gilardi and seconded by Councilmember Kurvers to introduce Ordinance No. 713, an Ordinance of the City Council of the City of Cotati Adding a New Chapter 17.41 to the Municipal Code Pertaining to Communication Facilities Implementing the City of Cotati General Plan.

Yes: 5 No: 0

Planning Director Dorch gave a staff report and responded to questions from Council. Dorch explained that, due to the fact that past fee permits did not even cover permit processing, a new fee base of $35 would be assessed.

Mayor Berkemeier opened the Public Hearing.

There being no one to address the Council, Mayor Berkemeier closed the Public Hearing.

Mayor Berkemeier reiterated to the public that all items were open for public discussion and that individuals should raise their hand, and that he would acknowledge them.

Following Council discussion it was moved by Councilmember Gilardi and seconded by Vice Mayor Orchard to adopt Resolution No. 01-19 Providing for Permit Fees in Accordance with Ordinance No. 712, Adopting the 1997 Uniform Codes for the City of Cotati.

Yes: 5 No: 0

Vice Mayor Orchard commented on the number of affordable housing units within the City. In answer to Vice Mayor Orchard's question regarding the use of recycled water during the construction phase, Planning Director Dorch explained that use of recycled water depended on location and convenience of the recycled water. Dorch stated that use of the recycled water was a standard condition, but that sites on the west side of the freeway could get to the water a bit easier than those on the east side of the freeway. Dorch commented that use of the recycled water was up to the Building Department and developer per feasibility.

Mayor Berkemeier opened the Public Hearing.

Mike Karakozoff, 525 E. Cotati Ave., asked if there was any opposition to the project from the audience. Mayor Berkemeier stated that he heard no opposition to the project from the audience. Mr. Karakozoff reiterated that it was the consensus of the Planning Commission and Design Review Board that there were no further changes to the conditions of the project. Karakozoff mentioned that it was the consensus of the Staff, Planning Commission and project architect for the exclusion of carports within the project. Karakozoff stated that he would have preferred to have included all garages, but due to the density of the project, that it was not possible to consider all garages. Mr. Karakozoff mentioned why a higher density was considered for the project.

In answer to a question from Councilmember Fox regarding project easement from the Tower Apartments, Mr. Karakozoff commented that the City of Rohnert Park owned a 40 ft. strip of land adjacent to Mr. Karakozoff's property and therefore, the easement would be coming from the City of Rohnert Park. Councilmember Fox stated that he supported the design of the project.

Councilmember Gilardi stated that she favored no carports and concurred with the Planning Commission regarding this issue.

In answer to Mayor Berkemeier's question regarding available storage space for the units, Mr. Karakozoff clarified that in appropriate instances garages would serve as storage space. Karakozoff also mentioned availability of a separate storage building for those units without garages.

Mayor Berkemeier called for public comment.

Elaine Thomas, 471 W. School St. asked if Council had considered other new projects. She commented on plantings along new sidewalks and curbs, and how this idea would fit in with the Willow Glen project.

Linell Hardy, 8171 Arthur St. sought an orientation of the project along East Cotati Avenue.

Jenny Blaker, 8166 Arthur St., asked if solar efficiency and water considerations had been considered within the plan.

In answer to Councilmember Gilardi's comments regarding a sidewalk fronting the project, Planning Director Dorch stated that due to utility considerations, the present sidewalk along East Cotati Avenue would be left as is. Dorch acknowledged that there would be a significant landscape area in the buffer zone between the units and the street. He further commented that the project would be developed with an orientation to East Cotati Avenue in order that one might see the architectural features of the units.

Jim McCalligan, project architect, addressed the Title 24 issue and energy efficiency of the project. Mr. McCalligan felt the units would be very energy efficient as well as aesthetically pleasing.

Mayor Berkemeier closed the Public Hearing.

City Attorney Walter clarified that the item could be approved by one motion from Council.

A motion was made by Councilmember Kurvers and seconded by Vice Mayor Orchard to adopt Resolution No. 01-24 of the City Council of the City of Cotati approving a Mitigated Negative Declaration and Mitigation Monitoring Report with conditions for the proposed project located at 789 East Cotati Avenue; and, to adopt Resolution No. 01-20 of the City Council of the City of Cotati approving a General Plan Land Use Designation Amendment from Medium Density Residential to High Density Residential, for a one-acre parcel located at 789 East Cotati Avenue; and, the introduction of Ordinance No. 714 of the City Council of the City of Cotati Rezoning a one-acre site located at 789 East Cotati Avenue from R-2 to R-3 PUD; and, the adoption of Resolution No. 01-25 of the City Council of the City of Cotati approving Design Review with conditions for a proposed project located at 789 East Cotati Avenue.

Yes: 5 No: 0

A report was given by City Manager Shaddox who responded to questions from Council. Shaddox stated the amendment to the Conflict of Interest Code was due to the restructuring of the Building Department operation and a contractual relationship with the City of Sebastopol.

Mayor Berkemeier opened the Public Hearing.

There being no one to address the Council, Mayor Berkemeier closed the Public Hearing.

A motion was made by Vice Mayor Orchard and seconded by Councilmember Gilardi to adopt Resolution No. 01-23 Amending the Conflict of Interest Code.

Yes: 5 No: 0

Items Pulled: Item No. 8, Lot Line Adjustment--South Sonoma Business Park was pulled early from the agenda.

(Pulled earlier from the Agenda at the request of the applicant.)

.

A motion was made by Councilmember Gilardi and seconded by Councilmember Kurvers to approve the remainder of the Consent Calendar.

Yes: 5 No: 0

A presentation on the Downtown Project was given by City Engineer Bertolero and Ms. Lois Fisher of Fisher & Hall Urban Design, who responded to questions from Council.

Lois Fisher, Fisher & Hall Urban Design, spoke on the Cotati Downtown Phase One improvements.

In answer to a question from Councilmember Gilardi regarding the color of the acorn streetlights, Ms. Fisher commented that project streetlights would be black and white granite and similar to those streetlights located in the La Plaza parking lot. City Manager Shaddox agreed that the project streetlights were indeed the same color combination as those found within the West Sierra Avenue Parking Lot.

Ms. Fisher clarified the location of the seat walls for Councilmember Kurvers and stated that they would be located at the north entry of the project.

Mayor Berkemeier explained the process of the constant uplifting of the sidewalks in the downtown area.

Ms. Fisher pointed out the overcrowding and removal of trees in certain areas within the project.

Mayor Berkemeier opened the Public Hearing.

Mr. William Voulgaris, Cotati, commented about the use of bricks and their aesthetic value within the streetscape.

Ann Wallace Rock, 35 Page Street, did not particularly care for the color combination of the acorn lights in relation to the whole of the project.

Paul Foti, 7883 Old Redwood Highway, asked for explanation of a particular intersection within the project.

City Engineer Bertolero commented on the construction schedule. Bertolero recommended that Council consider a working variance from 6:00 a.m. and ending at 4:00 p.m. Bertolero further stated that verbiage had been included within the contract for non-closure of any portion of Old Redwood Highway during the morning commute hours, and that closure should not commence before 8:30 a.m. Bertolero further commented that the project would begin in June, with completion scheduled for September, 2001.

Councilmember Fox stated concern with construction hours for seniors on Charles Street. City Engineer Bertolero explained that changing construction hours within the contract after they were in place would result in a project change order. Bertolero indicated that verbiage could be placed within the contract limiting the starting hour of pneumatic equipment to 7:00 a.m..

Vice Mayor Orchard commented on notification of those individuals within the construction area.

City Manager Shaddox informed Mayor Berkemeier that merchants would be notified of the project.

Mayor Berkemeier recommended strict dialogue from the contractor regarding the enforcement of construction safety standards.

City Manager Shaddox stated the City would hire a full-time project inspector for the project.

Councilmember Kurvers asked that the entire City be notified of the project, i.e., through use of the City water bill.

In answer to a question from Vice Mayor Orchard, City Engineer Bertolero clarified that the staging area would be identified at the time the contractor secured an encroachment permit for the project.

Linell Hardy, 8171 Arthur Street, suggested that assessments be provided within the contract if contractors did not adhere to safety standards.

Mayor Berkemeier closed the Public Hearing.

At 8:50 p.m. Mayor Berkemeier adjourned the regular meeting of the City Council for a ten-minute break.

Mayor Berkemeier reconvened the regular meeting of the City Council at 9:00 p.m.

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

City Manager Shaddox mentioned to Vice Mayor Orchard that he would contact the City of Petaluma for their banner policy.

Mayor Berkemeier opened the Public Hearing.

John Rock, 35 Page Street, stated concern for some of the items placed on the City's bulletin board. Mr. Rock felt that any item placed on the bulletin board would be considered an endorsement by Council. In answer to Mayor Berkemeier's question regarding use of the City's water bill for advertising purposes, Mr. Rock commented that he thought individuals would think those events were City-sponsored and endorsed as well.

Paul Foti, 7883 Old Redwood Highway, explained the operation of the May 19^th Casino Night. Foti hoped that Council supported the event as well as the placement of a banner over Old Redwood Highway.

Ann Wallace-Rock, 35 Page Street, felt a need for structure and format regarding signage and the hanging of banners within the City.

Barry Harris, 90 Gilbert Way, felt that the hanging of banners should be made available for all groups.

Patricia Jonas Voulgaris, Cotati, stated her intentions regarding the hanging of a banner for the upcoming Casino Night. Ms. Voulgaris also remarked on City endorsement regarding the posting of notices on the City bulletin board.

Councilmember Gilardi commented on particular events she would support for advertisement on banners as well as the City's water bill.

Councilmember Kurvers was in favor of the use of discretion and guidelines for posting on the City’s bulletin board. Kurvers did not support the use of the City’s utility bill as a vehicle for fundraising events.

Vice Mayor Orchard commented that she did not have a problem with the City's support for advertising community events. She further stated that she felt comfortable relying on the discretion of the City Manager regarding City involvement with advertising. Vice Mayor Orchard was in support of continued use of the City's water bill for announcements, as long as community announcements did not conflict with other City sponsored events.

Councilmember Fox supported use of the City's utility bill for public information rather than specifically as advertisement for up-coming events. Councilmember Fox commented that he would like to see a flyer format, inclusive of City disclaimer, for insertion into the City utility bill. Regarding banners, Councilmember Fox felt that City sponsored events held priority over other events. Fox stated he saw the City bulletin board to be prime advertising space. Fox stated that he was undecided at this time as to how to proceed on the issue.

Mayor Berkemeier favored advertising City sponsored events with regard to the City utility bill. Mayor Berkemeier expressed concern for the time it takes for City Maintenance staff to work the City bulletin board. Mayor Berkemeier supported City Manager Shaddox's management of the City bulletin board.

With regard to the City utility bill, Vice Mayor Orchard stated that she did not have a problem advertising non-City events provided that they not take priority over City-sponsored events.

Councilmember Gilardi felt there was a certain flexibility with the use of the City's water bill regarding announcements.

Mayor Berkemeier favored non-profit use for advertisement regarding the City utility bill.

City Manager Shaddox commented on cost of the insertion of flyers into the City utility bill. Shaddox clarified that groups must provide flyers and pay for additional incremental costs where necessary.

City Attorney Walter stated it was important to set standards regarding banners. Walter recommended that Council consider a written policy.

City Manager Shaddox stated that he sought Council's approval for the two requests mentioned in the agenda item at this time.

With regard to Ms. Disharoon's bulletin board requests, City Manager Shaddox responded affirmatively to Vice Mayor Orchard that the requests would be retroactively approved.

A motion was made by Councilmember Kurvers and seconded by Vice Mayor Orchard that Council approve No. 2, Ms. Janet Disharoon's request to announce on the City's bulletin board the

community 's support of the Sami Disharoon Brain Tumor Research Foundation through contribution to the Human Race in May; and No. 3, Patricia Jonas Voulgaris' request to announce on the City's bulletin board, the Casino Night scheduled for Saturday, May 19^th to benefit the Helen Delevois Museum, as well to hang banners across Old Redwood Highway announcing the May Casino Night and Disharoon Brain Tumor Foundation Cajun Blues Festival fundraiser through September 29^th which had already been requested; and, that staff bring back to Council a recommendation as to how to move forward with direction and guidelines on how these issues will be addressed in the future.

Yes: 5 No: 0

Mayor Berkemeier expressed concern for any possible extra hours required from the City's Maintenance Department to maintain the City's bulletin board. City Manager Shaddox hoped that, with the installation of the new, larger bulletin board, on-going messages would remain intact, and therefore, require less letter maneuvering by City staff.

City Manager Shaddox clarified the design of the new City bulletin board for Councilmember Fox.

The joint meeting was called to order at 9: 28 p.m.

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

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

It was moved by Councilmember Fox and seconded by Vice Mayor Orchard to approve the Consent Calendar.

Yes: 5 No: 0

A report was given by City Attorney Walter who responded to questions from Council. Walter commented that he thought escrow would close Wednesday, April 4, 2001.

Mayor Berkemeier called for Council comment.

In answer to a question from Councilmember Fox, City Attorney Walter affirmed that close of escrow did indeed hinge upon the date the tenant vacated the property.

Mayor Berkemeier opened the Public Hearing.

There being no one to address the Council, Mayor Berkemeier closed the Public Hearing.

A motion was made by Councilmember Kurvers and seconded by Councilmember Gilardi to adopt Resolution No. CRA-142 Ratifying the Decision to Purchase the Staley Property and Authorize the Executive Director to Execute those Documents Reasonable Necessary to Consummate the Transaction - 950 and 970 East Cotati Avenue and 8250 Santero Way (Staley).

Yes: 5 No: 0

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

Councilmember Fox commented that he was delighted to see the grant process in place and how each phase would be accomplished.

In answer to a question from Vice Mayor Orchard, Assistant to the City Manager Kirkpatrick clarified that funds which were not used for a specific portion of the project would be returned. Kirkpatrick also mentioned that the Metropolitan Transportation Commission would supply an explanation for whatever they were not willing to fund. Kirkpatrick mentioned the reasoning for the number of roundabouts within the grant were to give the City some 'wiggle' room. He stated that roundabout locations were not important to the MTC, with the exception of their relationship to Walkable Cotati, the Vision Plan and the Downtown Core Development Plan. Kirkpatrick commented that the MTC would like to see the City adhere to the Walkable Cotati Plan and the original process which they funded.

Mayor Berkemeier opened the Public Hearing.

There being no one to address the Council, Mayor Berkemeier closed the Public Hearing.

A motion was made by Councilmember Kurvers and seconded by Councilmember Gilardi to authorize staff to submit a Transportation for Livable Communities Grant application.

Yes: 5 No: 0

An oral presentation was given by City Manager Shaddox who responded to questions from Council.

City Manager Shaddox explained that as part of the negotiations, a sub-committee of the Council was requested for this project.

Councilmember Fox favored not having Councilmember present at the negotiations. Fox felt that it might be easier for the staff to make the presentation. Fox remarked that Council was generally not involved in real estate transactions, and that it would be safer for Council to not be involved in such a matter.

City Manager Shaddox gave clarification on the style and type of parlaying involved with negotiations.

Councilmember Fox felt the complexity of the real estate issue could be difficult and time consuming. On the other hand, Councilmember Fox felt having Councilmembers present at the negotiations could explain the rationale as to how the specific plan was formulated.

Councilmember Fox recommended Councilmember Gilardi serve on the negotiating team.

Vice Mayor Orchard volunteered to serve on the negotiating team.

After discussion, Council agreed to appoint Councilmember Gilardi and Vice Mayor Orchard as Redevelopment Agency Board Members to the City/Agency negotiating team in connection with real estate negotiations for property located at southeast corner of E. Cotati Avenue and Santero Way (Staley).

Adjournment of joint meeting; reconvening of regular meeting of City Council.

The joint meeting was adjourned at 9:57 p.m. and the regular City Council meeting reconvened.

-- Brief announcements and reports on Councilmember activities.

Councilmembers reported on meetings they have attended recently.

Councilmember Fox commented that he had attended the Planning Conference in Monterey, California this past week. He felt the conference was worthwhile and hoped to be able to implement some of the ideas produced from the conference.

Vice Mayor Orchard hoped that all the City Commissions could participate in conferences similar to that of the Monterey Planning Conference. Orchard hoped the City could somehow facilitate this idea.

Councilmember Gilardi stated that she had also attended the Monterey Planning Conference and concurred with Councilmember Fox that the Consensus Building portion of the conference was not well received.

Councilmember Kurvers enjoyed attending the Planning Conference in Monterey and noted how on track the City of Cotati was in regard to other cities represented at the conference.

Mayor Berkemeier stated he had nothing to report and thanked staff for their hard work.

Councilmember Kurvers reported that Saturday, March 24^th was the opening day for the Cotati Little League and that Mayor Berkemeier threw the opening pitch.

The meeting was adjourned at 10:07 p.m.

Respectfully submitted,

Administrative Clerk

* * *

Agency negotiator: Dale Shaddox

Employee organization: Cotati Police Officers Association; Cotati Police Management

CONFERENCE WITH REAL PROPERTY NEGOTIATORS (G.C. §54956.8)

Property: Southeast corner of E. Cotati Avenue and Santero Way

Agency Negotiator: City Manager/Executive Director

Negotiating Parties: City of Cotati/Cotati Redevelopment Agency and Larry Colvin

Under Negotiation: Price and terms of payment

Deputy City Clerk