CITY OF COTATI
April 14, 2004
Minutes of the 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 OF CITY COUNCIL MEETING
The meeting was called to order at 6:30 p.m.
CITY COUNCIL MEETS IN CLOSED SESSION FOR THE REASONS
INDICATED BELOW
Mayor Gilardi stated that Council would meet in closed
session for the reasons indicated below.
RECONVENE TO
OPEN SESSION OF CITY COUNCIL MEETING
The meeting was called to order by Mayor Gilardi at
7:03 p.m.
PLEDGE OF
ALLEGIANCE AND MOMENT OF SILENCE
ROLL CALL
Councilmembers present: Gilardi, Moore, Berkemeier, Kurvers, Orchard
Staff present:
Stubbings, Dorch, Woltering, Hayes, Anna, Nebb
CLOSED
SESSION ANNOUNCEMENT
Assistant City Attorney Nebb reported that Council had
met in closed session and voted unanimously to authorize the City Attorney to
defend the City in the Clyde A. Mayfield
Painting v. City of Cotati litigation and to seek alternative dispute
resolutions.
APPROVAL OF
MINUTES AND NOTICE OF WAIVING READING
1. Regular
meeting of March 24, 2004
-- Notice of
waiving the reading of all ordinances introduced and/or adopted under this
agenda
It was moved by Berkemeier, seconded by Kurvers, to
approve the minutes of March 24, 2004 and to waive the reading of all
ordinances introduced and/or adopted under this agenda.
Yes: 5 No: 0
ORAL AND
WRITTEN COMMUNICATIONS
Announcements
-- The
Cotati Philharmonic Orchestra will present two concerts on Friday, April 16 and
Saturday, April 17 at the Jackson Theater in Santa Rosa. “Good Times, Bad Times” is the theme for the
concert, which will feature cello soloist Margaret Moores playing the Schumann
Cello Concerto. Also featured will be
the Bartered Bride Overture by Smetana and Tchaikovsky’s Symphony No. 5. Admission is free, as always.
-- Cotati’s
Annual Spring Earth Day will be held on Saturday, April 17 at Putnam Park. Watch for more information on this event.
-- Saturday,
April 24 is Rebuilding Together Day, and volunteers are still needed for
various projects. If you are interested
in lending your talents and energy to this rewarding day of service to the
community, call Dennis Dorch at 665-3621 for more information.
Mayor Gilardi called attention to the announcements. City Manager Stubbings said staff is
beginning work on the Northern Gateway Specific Plan, and she described the
project.
Proclamations and Commendation
2. Proclamation – National Dispatchers
Week, April 11-17, 2004
The proclamation was read, and staff was requested to
deliver it to the Police Records Supervisor.
3. Proclamation – Children’s Memorial Day,
April 23, 2004
The proclamation was presented to Jim Wilkinson of
MOVES (Minimizing Occurrences of Violence in Everyday Society).
4. Proclamation – Honoring Sonoma County’s
Volunteers and Declaring the Week of April 18-24, 2004 as National Volunteer
Week
Mayor Gilardi requested that staff mail the proclamation
to the Volunteer Center of Sonoma County.
CITIZEN
BUSINESS
Sue Foley, 8473 Loretto, thanked Council for the
median on Myrtle. She said it has
significantly reduced traffic on Benson and Loretto.
Neil Hancock said that at the last Council meeting, it
was mentioned that the previous election was a fight between two huge
corporations. The truth was, he stated,
that it was one huge corporation - Newman
Development.
Joan Simons, 618 W. School Street, asked that each
Councilmember, if they choose to send literature out using their title,
disclose who paid for that mailing. She
said there was a recent mailing which stated only that it was not paid for by
public funds but did not disclose who did pay for the mailing.
Ken Coleman, 8467 Loretto Avenue, said it is a
pleasure living on Loretto Avenue in recent days because of the median
installed on Myrtle. The street is safer
now, he said, and the police department has done a great job monitoring
speeding on the street.
Yvonne Van Dyke, Christensen Court, said that in the
area where the new median has been installed, she observed a vehicle cutting
through a lane in the wrong direction avoid the median.
Tim Foley, 8473 Loretto Avenue, said there could be
accidents because of breaking the median law, but that is how it is. He thanked Council for having the median
installed and said it is nice to have the residential neighborhood back.
Robin Birdfeather, 42 Charles Street, said she has
made an informal map of unsafe bicycle areas in the City. She asked Council to consider improving the
way for bicyclists. She described an
area she considered unsafe, on the south side of East Cotati Avenue approaching
the Oliver’s shopping center. She said
that no bike lane is marked in that location.
Heading south from downtown there is no bike path, she said – sidewalks
have intruded into the bike lane in a couple of places. She suggested raised barriers for bike paths,
and asked that these safety measures be taken prior to summer.
Mark Firestone, 8483 Loretto Avenue, said vehicles do
use the area near Oliver’s as a right turn lane, and that is required by
law. He said he agrees with Mr. Foley
that the signs saying “through traffic to E. Cotati Avenue via Myrtle and
Lancaster” and then “U turn with caution” are mixed messages. He thanked Council for their action and asked
the U turn sign be removed.
George Barich said he also received a letter signed by
the Mayor and he said there were several falsehoods in the letter. He said the police facility was built against
his advice and now Councilmembers have to find the money to pay for it. He said he advocated construction of office
buildings on the proposed Lowe’s site.
Jan Kravitz, 79 William Street, said he received a
letter from the Mayor. He said he would challenge
the $1 million sales tax revenue benefit that is claimed.
Adrian Lauby, #1 Kingston Drive, said that “Reverend
Billy and the Stop Big Boxes Gospel Choir” will be appearing at Ner Shalom
Synagogue, in the parking lot, at 1:00 p.m. on Thursday, April 22, and she
invited everyone to come and see their performance.
COUNCILMEMBER
DIRECTION ON FUTURE AGENDA ITEMS
None.
PUBLIC
HEARINGS
5. City Council will consider and may take
action to Repeal Ordinance No. 752, by introducing Ordinance No. 758, OR to
submit Ordinance No. 752 to the voters of the City of Cotati for adoption or
rejection. Ordinance No. 752 approved a
Planned Unit Development overlay and rezoning of the 31-acre South Sonoma
Business Park Revision project (Cotati Commons) at the northwestern
intersection of Highway 116 and Redwood Drive.
City Council
will further consider and may take action to repeal or modify Preliminary
Design Review and Conditional Use Permit resolutions No. 03-81 and 03-83, by
Adopting Resolution Nos. 04-07 and 04-08, respectively, relating to the retail
commercial buildings (The Marketplace at Cotati Commons) to be located on 23
acres at the northwestern intersection of Highway 116 and Redwood Drive. (City
Manager/City Attorney)
City Manager Stubbings introduced Planning Director
Woltering who gave a staff report and responded to questions from Council. He recommended repeal of the Planned Unit
Development ordinance and adoption of two resolutions addressing design review
and conditional use permit, each resolution not dependent on adoption of
Ordinance No. 752.
Public hearing was opened at 7:45 p.m.
William Fleishhacker, of Steefel, Levitt & Weiss,
representing Newman Development Group, said the action before Council tonight
is no more than a technicality, and that the Marketplace would not be affected
by removal of the PUD ordinance.
Neil Hancock said this project was rushed
through. He presented a report which
comments on the economic impacts of Lowe’s in Cotati, by Jeff Edmonds. He said he is surprised at Council’s proposed
action tonight and it seems in conflict with the desires of the populace. He asked if the proposed new ordinance is
legal and if the project can be done in a C:1 zoning. He asked if the garden center will fit within
that zoning.
Lance Olsen, of Olson Hagel & Fishburn LLP, 555
Capitol Mall, Sacramento, attorney representing Coalition to Protect Cotati’s
Future, presented a letter outlining the Coalition’s objections. He said what is going on tonight is not
lawful and is an attempt to circumvent the referendum process. He said the project does not comply with the
C:1 zone, and he believes adoption of Ordinance No. 758 will violate Section 9241
of the Elections Code. He pointed out
that an initiative petition is circulating which will qualify and will appear
on the ballot quite soon. The City needs
to be on notice of that fact, he stated, and added that Council’s adoption of
Ordinance No. 758 would be unwise, unlawful, and an invitation to future
litigation.
Adrian Lauby said tonight’s matter is no technicality,
as stated by a previous speaker. She is
disappointed in Council and staff in terms of providing information to the
public. She said this project does not
fit into the General Plan. People are
signing the petitions, she stated, and it will come back to Council.
Elaine Thomas, 471 W. School Street, said she
understood the [Measure B] vote was that we were to have this project – by
whatever margin, the people spoke. She
feels the people who lost the election should find a way to live with the
results. The State is taking money
needed by the City, she said, and the City needs to find sources for needed
monies.
George Barich said that Council has circumvented the will
of the people with Measure B. He said
the proposed Lowe’s would be three times the size of what would have been
allowed previously. He asked Council to
repeal Ordinance 752, but not to adopt a new ordinance achieving the same
end. He said two jobs may be lost
because of budget cuts looming in the City:
Recreation Coordinator Dutra and Chamber of Commerce Executive Director Whipple. He stated that those are the two people who authored
the complaint against opponents to Measure B to the District Attorney, and he
thought that was suspicious.
Victor Gonzalez, Monahan Pacific and South Sonoma
Capital Partners, said the reason for the PUD was the residential component on
the ground floor in the C:1 zoning. That
was a portion of the project supported by the Sierra Club. It will be brought back as a new PUD, he said,
and it is entirely compatible with the C:1 zoning. He urged Council to take staff’s
recommendation.
Patricia Jonas Voulgaris, Cotati, asked how much the
attorney [representing the Coalition] is making.
Joan Simon, 618 W. School Street, said over 49% of the
people in Cotati had concerns about the project, and she urged Council to find
a compromise in this matter. She said
Lowe’s has not been so flexible, wanting to put in a cookie-cutter store. She said she received a letter from “Cotati
Citizens Speaking Out,” and that letter makes her wonder more about
Lowe’s. She added that the City’s
sending a request for a campaign financing investigation to the County District
Attorney is wasting County money when the proper agency to receive such as
request is the Fair Political Practices Commission.
Mitch Clarey, 4 Loma Linda Drive, Cotati, said Measure
B made it possible to raise the limit on square footage of retail space but now
a gigantic Lowe’s is proposed, and that is not what he had in mind. He feels there are other avenues that would
be more of a compromise. He asked
Council to look further and not accept staff’s recommendations.
Jan Kravitz, 79 William Street, said he is tired of
subsidizing higher sewer and water rates in a development such as this.
Carol Finegan Pisetsky, W. Cotati Oaks Court, said she
and her husband selected their specific location very carefully when they moved
here, and this proposed project changes everything about the community they
decided to live in. She said several smaller
businesses would be much better than one giant business.
Mike Kurvers, 8884 Village Court, encouraged Council
to follow staff’s recommendation. At
some point, he said, the City has to be run by Council, not by a committee of
6,000-some people. He disagreed with Mr.
Barich’s comments that the City was asleep when Council adopted the PUD
ordinance. He noted the City is not in a
position to compromise on the project – the property owner must make the
decisions as to who goes in there. He
asked Council to provide the leadership at least half the community is looking
for and move ahead.
Mary Steeves, Cohen Court, said the initiative
signature collectors are not forthcoming with information as to the nature of
the initiative. She lives very close to
the proposed project and thinks it is a great thing. She is concerned about traffic, but they have
always been concerned about that.
John Rock, 35 Page Street, said it needs to be noted
that this project is helping our ecology because of the bioswales which will
prevent polluted water from going into our streams. More trees will be planted than were
previously on that project.
Clifton Buck-Kauffman, 1039 Madrone Avenue, said the
area on Gravenstein Highway has always been considered for commercial development. He has concerns about the project but feels
Lowe’s is a good thing for the community on the whole.
Terry Freeman, Santa Rosa, said citizens of Cotati
should be proud of being involved.
Lowe’s is not coming to town for the benefit of the town but for their
own benefit.
Barry Harris said he is neither for or against the
Lowe’s store, but he feels Council is hypocritical in continuing to talk about
“small town attitude” and then inviting in a Lowe’s store. Please admit what is going on.
Robin (inaudible), said it is beginning to be a blot
on big-box stores that they do not exist for the benefit of the community. She said studies show that money is not kept
in the community by spending it at a Lowe’s.
In the competition among the “big boys” Cotati is going to get
squeezed. She asked Council to encourage
small businesses that will keep dollars circulating in the community.
Yvonne Van Dyke, 456 Christensen Court, said she voted
in favor of the Lowe’s project, fully informed.
She saw a brochure from Lowe’s and said it shows how they do help the
communities they are in.
Linell Hardy, 8171 Arthur Street, said she did not
vote for Measure B and does not want the Lowe’s store in Cotati. She cited a study from 2002 which showed the
businesses studied spent most of their money locally. A major big-box retailer was also studied;
estimated expenditures were that 14.1 % of their revenues returned to the local
community, mostly in salaries.
John Moore, Cotati, said he would support repeal of
the PUD ordinance. He said there are no businesses of the size necessary
beating a path to our door. The larger
businesses can provide some benefits that smaller businesses cannot.
Dan Dutra, 140 Chadwick Way, said Cotati is small
business, for the most part. The
proposed project is consistent with the General Plan, he stated, and he does
not see that small businesses could afford to move into that area; only large
businesses can afford to develop that land.
He asked Council to repeal the PUD ordinance and then go ahead with the
projects, saving the City money for an election.
Patty Minnis, 8158 Olaf Street, said the matter needs
to go back on the ballot. The
pro-Measure B arguments were misleading, she stated.
The public hearing was closed at 8:36 p.m.
The meeting was recessed at 8:36 p.m. and reconvened
at 8:50 p.m.
Mayor Gilardi thanked the public for all the comments
made.
Councilmember Kurvers asked if the housing component
of the project would be compromised by repeal of the PUD ordinance. Planning Director Woltering said that is
correct. The housing component had small
lots, reduced setbacks and required a PUD because the setbacks are less than
standard.
Councilmember Orchard asked if the City will be able
to retain some control over occupancies and size limitations, noting that green
building standards and skylights are still in effect. Planning Director Woltering listed some key
green building elements that will be required, including bioswales, skylights,
energy efficiency in heating and air conditioning units. Councilwoman Orchard remarked that there are
23 other above-standard items that will be included. She asked who would pay for any litigation that
might result from Council actions tonight.
Assistant City Attorney Nebb responded that the applicant agrees to pay
for litigation.
Councilwoman Moore asked how setbacks would be
affected in the absence of the PUD. Planning
Director Woltering responded that as conditions of final design review, the
project will be required to adjust front yard setbacks 5-10 feet further away
from Gravenstein Highway to comply with the setback requirements of the C-1 and
CH zoning districts. The project will
also have to comply with specified energy efficiency requirements and
objectives in the PUD standards related to “Savings by Design” and “Green
Building Alternatives.”
Councilwoman Kurvers asked if the cost of roadway
improvements would be borne by applicant.
Planning Director Woltering responded that they would, and that no
permits for occupancy would be issued until those are completed.
Councilwoman Orchard said she appreciates the comments
that were made by the audience and would like to address some of them. She said there is a lot of support for small
business in this community. She thinks
there is room for both types of development, however, and feels that Lowe’s is
appropriate for that location. In the
State of California, the fiscal instability does not show signs of getting
better, and so she is very concerned about fiscal stability in Cotati. Redwood Reliance has moved retail sales to
Cotati, and that is very exciting. They
were enabled to do that as a result of Measure B. Regarding repeal of the ordinance, she
believes that is what Council should do.
Councilmember Kurvers agreed with Councilmember
Orchard’s remarks. She named a number of
developments that have been approved by the Council in recent years. The PUD had provided a means by which Council
could maintain some control over the project on Gravenstein Highway. She said this project fits in this particular
location and it would be a disservice to the community if Council did not
repeal the PUD and act to approve this project.
Improvement of the roadways as a condition of approval of the
development is crucial, she said; the City does not have the money to do the
repairs. She remarked there were big-box
developments where she grew up, and she saw them change hands over time. She said she believes there is a market for
large retail, and this is a good project to provide balance for this community.
Vice Mayor Moore stated she urged people to come out
and provide input regarding the General Plan, but very few people came out to
do so. The subject property has been
zoned commercial for 25 years. She is
sorry to lose the PUD standards with repeal of Ordinance No. 752, especially
the setbacks, but said she believes it will be a good project. The City needs money to accomplish the
important programs it wants, and she feels this is a good direction.
Councilmember Berkemeier said Cotati lacks youth
facilities and activities more than any other community in the County. He wants to see the recreation program
increase, and small businesses cannot provide the money for that sort of
program. He noted Cotati’s police
dispatchers are the lowest paid in the County, and Cotati loses police officers
to the County and to other cities because we do not have the money to pay
them. Small businesses cannot come
forward to help pay those salaries, he said.
The City’s public works department has only five members, but they do a
wide variety of work in service to the public.
This is why the City must move forward with a project that will benefit
the City.
Mayor Gilardi commented that the Montgomery Village
shopping center in Santa Rosa started with a large anchor store – Mervyn’s –
which later moved out, but by then the shopping center had become well
established. She recalled that, looking
at options for the Gravenstein Highway property, what was thought to be needed
was not another downtown (to compete with the existing downtown) but something
different, and that is how the present project was conceived.
It was moved by Kurvers, seconded by Berkemeier, to
introduce Ordinance No. 758, Repealing
Ordinance No. 752 Rezoning 31 acres located at the northwestern intersection of
Highway 116 and Redwood Drive from Commercial (C-1) and Highway Commercial (CH)
to CH:PUD (Highway Commercial: Planned Unit Development) as to a portion
thereof and C-1:PUD (Commercial: Planned Unit Development) for the remainder of
the subject property and approval of a Planned Unit Development for APNs
#046-286-011/046-286-012/046-286-013/046-286-014/046-286-015/144-050-006/144-050-007.
Yes: 5 No: 0
It was moved by Kurvers, seconded by Berkemeier, to
adopt the revised version of Resolution
No. 04-07 Modifying Resolution No. 03-81, which approved a preliminary Design
Review for the construction of a 165,382 sq. ft. Lowe’s Home Improvement Center
building, 75,100 sq. ft. of retail space consisting of four (4) Retail Commercial
buildings located on a 23 acre site (The Marketplace at Cotati Commons) located
at the northwestern intersection of Highway 116 and Redwood Drive, for APN
046-286-011/046-286-012/046-286-013/046-286-014/046-286-015/144-050-006/144-050-007,
to remove the dependency clause related to Planned Unit Development (PUD)
Ordinance No. 752.
Yes: 5 No: 0
It was moved by Kurvers, seconded by Berkemeier, to
adopt the revised version of Resolution
No. 04-08 Modifying Resolution No. 03-83 approving a Conditional Use Permit to
allow buildings within the Marketplace at Cotati Commons project to exceed the
35-foot maximum height limit within a C-1 (Commercial) and CH (Highway
Commercial) zoning district, located on a 23 acre site (The Marketplace at
Cotati Commons) located at the northwestern intersection of Highway 116 and
Redwood Drive, for APNs
046-286-011/046-286-012/046-286-013/046-286-014/046-286-015/144-050-006/144-050-007,
to remove the dependency clause related to Planned Unit Development (PUD)
Ordinance No. 752.
Yes: 5 No: 0
CONSENT
CALENDAR
Mayor Gilardi read the Consent Calendar titles and
asked if any should be pulled for discussion.
6. Award of contract to Fieldstone
Construction, the lowest responsible bidder, for the amount of $60,899.00 for
ADA Accessibility Improvements for Parks and Intersections Project.
7. Adoption of Resolution No. 04-09
Declaring Weeds in the City of Cotati to be a Public Nuisance and Ordering
their Abatement and Further Declaring such Nuisance to be a Seasonal and Recurrent
Nuisance Subject to Abatement under Government Code § 39562.1, and Setting a
Date for Protest Hearing.
Councilmember Orchard stated she would abstain from
consideration of Item No. 7 because her property is listed on the weed
abatement list. She left the dais.
It was moved by Kurvers, seconded by Moore, to approve
Item No. 6..
Yes: 5 No: 0
Councilmember Orchard returned to the dais.
It was moved by Berkemeier, seconded by Kurvers, to
approve Item No. 7 on the Consent Calendar.
Yes: 4 No: 0 Abstain: 1 (Orchard)
REGULAR
AGENDA
8. Appointment of Alternate Delegate to
the ABAG Spring General Assembly (City Manager)
There was no public comment.
Following Council discussion, it was moved by
Berkemeier, seconded by Orchard, to appoint Vice Mayor Lisa Moore as Alternate
Delegate to the ABAG Spring General Assembly, 2004. Staff was requested to notify ABAG of the
appointment.
Yes: 5 No: 0
9. Approve rescheduling of regular meeting
of Wednesday, May 12, 2004 to Tuesday, May 11 to facilitate attendance by
Mayor, City Councilmembers and City Manager at Legislative Action Days in
Sacramento on May 12 (City Manager)
There was no public comment.
At close of discussion, it was moved by Moore,
seconded by Berkemeier, to approve rescheduling of the regular meeting of
Wednesday, May 12, 2004 to Tuesday, May 11 to facilitate attendance by Mayor,
City Councilmembers and City Manager at Legislative Action Days in Sacramento
on May 12, 2004.
Yes: 5 No: 0
JOINT
MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS
Call to Order
The joint meeting was called to order at 9:39 p.m. by
Mayor/Chair Gilardi.
Roll Call
Council/Board Members present: Gilardi, Moore, Berkemeier, Kurvers, Orchard
Staff present:
Stubbings, Hayes, Anna, Nebb
Consent Calendar
Mayor/Chair
Gilardi read the Consent Calendar title and asked if it should be pulled for
discussion.
10. Approval of warrants and audited claims
for the period March 18 – April 7, 2004.
It was moved by Berkemeier, seconded by 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 9:40 p.m.
CITY COUNCIL
REPORTS AND COMMENTS
-- Brief announcements and reports on
Councilmember activities.
Councilmembers reported briefly on meetings they have
attended recently.
ADJOURNMENT
The
meeting was adjourned, at 9:58 p.m., in memory of Mrs. Dorothy Offutt.
Respectfully
submitted,
____________________________
Deputy
City Clerk
* * *
PURSUANT TO
CONFERENCE
WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Section
54956.9)
Clyde A. Mayfield Painting v. City of Cotati