CITY OF COTATI
June 9, 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 by Mayor Gilardi at 6:00 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 regular City Council meeting was called
to order by Mayor Gilardi at
PLEDGE
OF ALLEGIANCE AND MOMENT OF SILENCE
ROLL
CALL
Councilmembers present: Gilardi,
Staff present: Stubbings, Dorch, Lustig, Hayes, Nommsen, Anna,
Nebb
CLOSED
SESSION ANNOUNCEMENT
Mayor Gilardi stated that the City Council
had met in closed session and had nothing to report.
APPROVAL
OF NOTICE OF WAIVING READING
-- Notice
of waiving the reading of all ordinances introduced and/or adopted under this
agenda
It was moved by Berkemeier, seconded by
Kurvers, to waive the reading of all ordinances introduced and/or adopted under
this agenda.
Yes:
5 No: 0
ORAL
AND WRITTEN COMMUNICATIONS
Announcements
-- The
Krush Downtown Concert Series comes to Cotati on Saturday, July 10 from
-- The
24th Annual Cotati Jazz and Art Festival will be held on Saturday,
June 19 in La Plaza Park and a number of downtown venues. There will be music in La Plaza Park from
noon to 6:00 p.m., and continuing until midnight at Sweet Lou’s, Dos Amigos
Restaurant, Cotati Creek Café, Spancky’s and the Tradewinds. Admission is $12 for adults ($10 in
advance). Children under 12 are
free. For more information and tickets, or
to volunteer your help with the event, call Andre Morrow at 794-8100.
-- The
Cotati Philharmonic Orchestra, under the direction of Maestro Gabriel
Sakakeeny, will present two free outdoor concerts at
-- The
12th Annual Cotati Heritage Festival and Kids Parade will be held on
Saturday, July 17 from
Mayor Gilardi called attention to the
announcements.
Proclamation
1. Affordable Housing Week: June 5-13, 2004
Mayor Gilardi read the proclamation and
presented it to Gail Brownell of the Sonoma County Housing Coalition.
CITIZEN
BUSINESS
James J. Reilly III , Snyder Lane, Rohnert
Park, said he was recently elected Speaker of the Senate for the Associated
Students of Sonoma State University. He
offered to serve as liaison between the City and Associated Students of Sonoma
State University, as he is doing for the City of Rohnert Park and the Chamber
of Commerce. In his capacity as liaison
he would attend all City Council meetings during the year of his term and keep
the City Council informed of matters that affect students. Mayor Gilardi thanked him for his offer and requested
that he contact City Manager Stubbings to set up a meeting.
COUNCILMEMBER
DIRECTION ON FUTURE AGENDA ITEMS
Councilmember Kurvers requested staff bring
to Council an item regarding hours of operations for City parks so that police
can enforce loitering regulations.
PUBLIC
HEARINGS
2. Adoption of Resolution No. 04-34
Approving the Engineer’s Report, ordering the levy of and setting of assessment
rates for FY 2004-05 for the
Finance Director Hayes and Public Works
Superintendent Nommsen responded to questions from Council.
There was no public comment.
It was moved by Berkemeier, seconded by
Orchard, to adopt Resolution No. 04-34 Approving the Engineer’s Report,
ordering the levy of and setting of assessment rates for FY 2004-05 for the
Valparaiso
Vista Subdivision.
Yes:
5 No: 0
3. Adoption of Resolution No. 04-35
Approving the Engineer’s Report, ordering the levy of and setting of assessment
rates for FY 2004-05 for the Quail Hollow IV Subdivision (Finance
Director)
There was no public comment.
It was moved by Kurvers, seconded by Moore,
to adopt Resolution No. 04-35 Approving the Engineer’s Report, ordering the
levy of and setting of assessment rates for FY 2004-05 for the Quail Hollow IV
Subdivision.
Yes:
5 No: 0
4. Adoption of Resolution No. 04-36
Approving the Engineer’s Report, ordering the levy of and setting of assessment
rates for FY 2004-05 for the Sommers Subdivision (Finance
Director)
There was no public comment.
It was moved by Orchard, seconded by Moore,
to adopt Resolution No. 04-36 Approving the Engineer’s Report, ordering the
levy of and setting of assessment rates for FY 2004-05 for the Sommers
Subdivision.
Yes:
5 No: 0
5. Adoption of Resolution No. 04-37
Approving the Engineer’s Report, ordering the levy of and setting of assessment
rates for FY 2004-05 for the Macklin I Subdivision (Finance
Director)
There was no public comment.
It was moved by Moore, seconded by Kurvers,
to adopt Resolution No. 04-37 Approving the Engineer’s Report, ordering the
levy of and setting of assessment rates for FY 2004-05 for the Macklin I
Subdivision.
Yes:
5 No: 0
6. Adoption of Resolution No. 04-38
Approving the Engineer’s Report, ordering the levy of and setting of assessment
rates for FY 2004-05 for the Sierra Meadows Subdivision (Finance
Director)
There was no public comment.
It was moved by Berkemeier, seconded by
Orchard, to adopt Resolution No. 04-38 Approving the Engineer’s Report,
ordering the levy of and setting of assessment rates for FY 2004-05 for the Sierra
Meadows Subdivision.
Yes:
5 No: 0
7. Adoption of Resolution No. 04-39
Approving the Engineer’s Report, ordering the levy of and setting of assessment
rates for FY 2004-05 for the Oak Knoll Subdivision (Finance Director)
There was no public comment.
It was moved by Kurvers, seconded by
Yes:
5 No: 0
8. Adoption of Resolution No. 04-40
Approving the Engineer’s Report, ordering the levy of and setting of assessment
rates for FY 2004-05 for the Garden Gate Subdivision (Finance
Director)
There was no public comment.
It was moved by Orchard, seconded by
Yes:
5 No: 0
9. Adoption of Resolution No. 04-41
Approving the Engineer’s Report, ordering the levy of and setting of assessment
rates for FY 2004-05 for the Park Meadows Subdivision (Finance
Director)
Councilmember Berkemeier stated he would
abstain from consideration of this matter because of a conflict of
interest. He owns property within 500’ of
the subdivision.
There was no public comment.
It was moved by
Yes:
4 No: 0 Abstain: 1 (Berkemeier)
10. Consideration of objections to Report of
Unpaid Assessments for the Old Redwood Highway Sidewalks Assessment District;
adoption of Resolution No. 04-42 Approving Itemized Report of Unpaid
Assessments for the Old Redwood Highway Sidewalks Assessment District and
Directing Levy of Assessments (Finance Director)
There was no public comment.
It was moved by Berkemeier, seconded by
Kurvers, to adopt Resolution No. 04-42 Approving Itemized Report of Unpaid
Assessments for the Old Redwood Highway Sidewalks Assessment District and
Directing Levy of Assessments.
Yes:
5 No: 0
11. Consideration of objections to Report of
Improvement Assessment Rates for the South Sonoma Business Park; adoption of
Resolution No. 04-43 Establishing Improvement Assessment Rates for the South
Sonoma Business Park Assessment District and Directing the Levying of
Assessments for Fiscal Year 2004-05 (Finance Director)
There was no public comment.
It was moved by Kurvers, seconded by Orchard,
to adopt Resolution No. 04-43 Establishing Improvement Assessment Rates for the
South Sonoma Business Park Assessment District and Directing the Levying of
Assessments for Fiscal Year 2004-05.
Yes:
5 No: 0
12. Gilman Ranch Subdivision:
Adoption of Resolution No.
04-15 Approving a Mitigated Negative Declaration for a Nine Lot Tentative
Subdivision Map on 5.43 Acres Located at 850 West Cotati Avenue (APN:
144-110-002)
Adoption of Resolution No.
04-16 Approving a Tentative Map for the Subdivision of 5.43 Acres into Nine
Lots Located at 850 West Cotati Avenue (APN: 144-110-002)
(Planning Director)
Senior Planner Lustig gave a staff report and
responded to questions from Council.
Greg Hurd, Carlenzoli & Associates,
Senior Planner Lustig read a letter from
Nancy Nelson,
Lustig said staff believes this concern has
been addressed, and that the project will actually resolve some problems on
adjacent properties.
Mr. Hurd said the hydrology and hydraulics
for this project have been exhaustively examined and any problems have been
resolved or alleviated.
It was moved by Orchard, seconded by Moore, to adopt Resolution No.
04-15 Approving a Mitigated Negative Declaration for a Nine Lot Tentative
Subdivision Map on 5.43 Acres Located at 850 West Cotati Avenue (APN: 144-110-002).
Yes: 5 No: 0
It was moved by Orchard, seconded by
Berkemeier, to adopt Resolution No. 04-16 Approving a Tentative Map for the
Subdivision of 5.43 Acres into Nine Lots Located at 850 West Cotati Avenue
(APN: 144-110-002).
Yes:
5 No: 0
CONSENT
CALENDAR
Mayor Gilardi read the Consent Calendar
titles and asked if any should be pulled for discussion.
Item pulled:
No. 15 (Orchard)
13. Adoption of Resolution No. 04-48
Authorizing Filing of an Application for Federal Surface Transportation Program
and Congestion Mitigation and Air Quality Improvement Program Funding for the
West Sierra/East Cotati Avenue Roadway Rehabilitation Project #E04-5 and
Committing the Necessary Local Match for the Project and Stating the Assurance
of the City of Cotati to Complete the Project.
14. Receive and file Fiscal Year 2004-05
Water and Sewer Rates as adopted in Ordinance Nos. 734 and 735.
15. Second reading and adoption of Ordinance
No. 756 Establishing the Cotati Campaign Reform Law.
16. Adoption of Resolution No. 04-44
Authorizing the Execution and Delivery of the Association of Bay Area
Government Publicly Owned Energy Resources (ABAG POWER) Electric Program Wind
Up Agreement.
17. Adoption of Resolution No. 04-49 Setting
a Public Hearing Date for Establishing Outstanding Water/Sewer Charges for
Fiscal Year 2004-05.
18. Adoption of Resolution No. 04-47
Supporting the Local Government Budget Package.
It was moved by Berkemeier, seconded by
Kurvers, to approve the Consent Calendar.
Yes:
5 No: 0
Item No. 15
Orchard asked for clarification regarding
disclosure of contributions under Section 1.09.090. Nebb stated that
There was no public comment.
It was moved by Kurvers, seconded by Orchard,
to approve Item No. 15.
Yes:
5 No: 0
REGULAR
AGENDA
19. Discussion and adoption of Mayors-only
signature policy (City Manager)
City Manager Stubbings reviewed the staff
report.
Councilmember Orchard requested that the
policy include mention of official City letterhead – avoiding individual
correspondence on City letterhead that does not reflect official City Council
policy.
City Manager Stubbings read proposed language
to be added to the Administrative Policy.
There was no public comment.
Following Council discussion, it was moved by
Berkemeier, seconded by Kurvers, to adopt the policy as amended.
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
Roll Call
Council/Board Members present: Gilardi,
Staff present: Stubbings, Dorch, Lustig, Hayes, Nommsen,
Anna, Nebb
Consent Calendar
Mayor/Chair Gilardi read the Consent Calendar titles and asked if
either should be pulled for discussion.
21. Approval of warrants and audited claims
for the period May 20 – June 2, 2004.
22. Adoption of Resolution No. 04-45 and
CRA-177 Establishing an Appropriations Limit for Fiscal Year 2004-05 Pursuant
to Article XII.B of the
It was moved by Moore, seconded by Orchard, to
approve the Consent Calendar.
Yes:
5 No: 0
Regular Agenda
23. Adoption of Final Design Review approval
for the Santero Way Multi-Modal Transit Center (Phase I); approval of splitting
the project into two phases; and requesting that the County of Sonoma solicit
bids for Phase I (Assistant City
Manager/Assistant Executive Director)
Lustig requested and received direction from
Council as to the style of rock wall desired at the facility.
Don MacNair, MacNair Landscape Architecture, responded
to questions from Council regarding wall styles.
Bryan Albee, County Transit Manager, spoke
regarding the bid process for Phase I and responded to questions from Council.
There was no public comment.
It was moved by Orchard, seconded by
Yes:
5 No: 0
24. Adoption of Resolution No. 04-46 and
CRA-178 Adopting the Fiscal Year 2004-05 Budget
(Finance Director)
Finance Director Hayes gave a report and
responded to questions from Council/Agency Board.
Pamela Powers, SCAYD, who implements the
homeless prevention services for Rohnert Park, spoke regarding the program provided
by SCAYD and how it would be applied to Cotati residents.
Councilmember Berkemeier requested an
accounting of monies disbursed on a periodic basis. Powers stated she would provide quarterly
reports.
There was no further public comment.
At Council direction, staff will bring back
proposed amendments to “A Vision for Cotati” at the next regular meeting.
It was moved by Berkemeier, seconded by
Kurvers, to adopt Resolution No. 04-46 and CRA-178 Adopting the Fiscal Year
2004-05 Budget.
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
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 9:30 p.m.
Respectfully submitted,
_____________________________
Deputy City 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 – EXISTING LITIGATION
(Subdivision (a) of Section
54956.9)
Michelle Berman et al vs. City of Cotati
CONFERENCE
WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant
to subdivision (c) of Section 54956.9:
1 potential case