CITY OF
Minutes of the Regular City Council Meeting
and Joint Meeting of the City Council and Cotati Redevelopment Agency
Board of Directors
CALL TO ORDER -
The
meeting was called to order at
PLEDGE OF ALLEGIANCE AND MOMENT OF
SILENCE
ROLL CALL
Councilmembers present: Kurvers,
Gilardi, Berkemeier,
Staff
present: Christofferson,
Hayes, Sime, Nebb, Woltering
APPROVAL OF MINUTES AND NOTICE OF
WAIVING
1. Regular
meeting of
-- Notice of
waiving the reading of all ordinances introduced and/or adopted under this
agenda
It was moved by Councilman Berkemeier and seconded by
Councilwoman Orchard to approve the minutes of
Yes: 5 No: 0
ORAL AND WRITTEN COMMUNICATIONS
Announcements
-- With a
“Fiesta” theme, Cotati’s 40th Anniversary Heritage Festival and
Annual Kids Day Parade will take place on Saturday, July 12. The day begins with a pancake breakfast at
the Cotati fire station from
-- The next Events Summit meeting will take place on Saturday,
August 2nd at City Hall. Come
for a muffin and coffee at
Correspondence
and Presentations
2. Acknowledgement of John Taverna for his outstanding contribution to the First
Annual Old Fashioned Pig Roast and Square Dancing Event
Mayor Kurvers presented a
certificate of appreciation and thanks to Mr. John Taverna
for his assistance and Bar-B-Que expertise at the
3. Presentation regarding campaign reform issues
(League of Women Voters of
Mayor Kurvers introduced
Willard and Nancy Richards of the League of Women Voters.
Nancy Richards, President of the League of Women
Voters,
Commissions,
Committees, Boards and Task Forces
4. Acceptance of resignation from Community
and Environment Commission (Naomi Chang)
It was moved by Councilwoman Orchard and seconded by
Councilman Berkemeier, to accept the resignation of Naomi Chang from the
Community and Environment Commission and to direct staff to thank Ms. Chang and
advertise the vacancy.
Councilmembers expressed their appreciation to Ms. Chang for her involvement on the
Commission.
Yes: 5 No: 0
CITIZEN BUSINESS
Eric
Kirchmann, Citizen of Cotati, thanked Mr. Taverna and Mr. Steve Nommsen,
Public Works Superintendent for their efforts regarding the Bar-B-Que for the May 31, 2003 Old Fashioned Pig Roast. Mr. Kirchmann
commented that he was offended by cars parked illegally during the past 4th
of July holiday. With regard to parking
issues, Kirchmann stated that he found Police
response time to be inadequate.
George
Barich,
Edward
Barry,
Kathy
Fickert,
Mayor
Kurvers closed Citizen Business.
COUNCILMEMBER DIRECTION ON FUTURE AGENDA
ITEMS
Vice Mayor Gilardi mentioned that
she had received a number of phone calls regarding issues and concerns
(especially that of the skatepark) which needed to be
addressed by the Police Department. Vice
Mayor Gilardi recommended that Council consider the
appointment of a Police Advisory Committee.
PUBLIC HEARINGS
5. Consider objections to Weed Abatement
Report and Assessments; Adoption of Resolution No. 03-48 Approving Itemized
Report of Costs for Weed Abatement and Directing Levy of Assessments (Planning)
David Woltering, Planning
Director, gave a presentation and responded to questions from Council.
Planning Director Woltering
stated that he would like to see communication improved within the notices to
property owners which designated the need for a second mowing.
Mayor Kurvers called for
public comment.
George Barich, stated that
he was willing to meet with staff regarding weed abatement issues with the West
Cotati Oaks Homeowner’s Association. He
urged Council to remain on target with abatement deadlines.
Jens Culberg,
Chuck Scott,
Marcel Ackerman,
After viewing Mr. Ackerman’s photos, Councilman
Berkemeier agreed that Mr. Ackerman’s property had been poorly cut.
At the suggestion of Councilwoman Moore, Council
concurred to receive the protests individually.
770
A motion was made by Councilwoman Moore with a second
by Vice Mayor Gilardi to split the difference of the
cost of the assessment levied on the property located at
A roll call vote was taken at the suggestion of
Councilman Berkemeier.
Yes: 4 No: 1
(Berkemeier)
Mayor Kurvers closed the
public hearing.
(Ackerman property)
A motion was made by Councilman Berkemeier with a
second by Vice Mayor Gilardi to reverse all charges
of the mowing of the property located at
Yes: 5 No: 0
Mayor Kurvers reopened the
public hearing.
Jens Culberg,
Chuck Scott,
Taking into consideration a suggestion made by
Planning Director Woltering, a motion was made by
Vice Mayor Gilardi and a
second by Councilman Berkemeier that the City return to the site and finish
mowing the property on
Yes: 5
No: 0
A motion was made by Councilwoman Orchard and a second
by Vice Mayor Gilardi to split the $1,300 mowing bill
with Larry Colvin as it was indicated by Councilmembers
that Mr. Colvin had made a good faith effort to do the mowing to secure an
independent contractor which would have resulted in a lesser cost.
Roll call vote was taken at the suggestion of
Councilman Berkemeier.
Yes: 4 No:
1 (Berkemeier)
Taking into consideration a suggestion made by
Planning Director Woltering, a motion was made by
Councilman Berkemeier and a second by Councilwoman Moore that the City split
the cost of the mowing of the half acre on
Mr. Scott to determine the boundaries of his property
should mowing of weeds be needed in the future.
Yes: 5 No: 0
A motion was made by Councilwoman Moore and seconded
by Vice Mayor Gilardi to adopt Resolution No. 03-38,
with the exceptions made on the parcels which were taken individually; and that
staff forward a certified copy of the resolution to the Sonoma County Auditor
for addition to the next regular tax bills of the properties listed in Exibit A; and to direct staff to work with the property
manager of Cotati Oaks Homeowners Association to assure abatement of weeds on
that Homeowner Association property.
Yes: 5 No:
0
Mayor Kurvers called for a
10 minute break at
Mayor Kurvers reconvened the
regular meeting at
6. Hearing on adoption of Resolutions Nos.
03-42, 03-43, 03-44, 03-45, 03-46, and
03-47 Accepting and Approving the Engineer’s Reports for Fiscal Year 2003-04
for the Valparaiso Vista Subdivision, Quail Hollow IV Subdivision, Sierra
Meadows Subdivision, Macklin I Subdivision, Garden Gate Subdivision, and Park
Meadows Subdivision Landscaping and Lighting Maintenance Assessment Districts,
and Ordering the Establishments of the Assessment Rates as Stated Therein (Finance
Director)
Councilman Berkemeier requested that future assessment
resolutions be arranged in a more readable format.
Councilman Berkemeier stated that he would abstain
from voting on Resolution No. 03-47, Park Meadows Subdivision due to the fact
that he lived less than 500 feet from the subdivision.
A presentation was given by Finance Director Jone Hayes who responded to questions from Council.
Mayor Kurvers called for
public comment.
George Barich, Cotati, thanked
Councilmember Berkemeier for recusing
himself on the vote and as well as for doing so on past issues with the area
around the Park Meadows Subdivision.
A motion was made by Councilwoman Moore and seconded
by Vice Mayor Gilardi to adopt Resolution No. 03-42
accepting and approving the Engineer’s Report for the Fiscal Year 2003-2004 for
the Valparaiso Vista Subdivision Maintenance Assessment District and ordering
the establishment of the assessment rates as stated therein.
Yes: 5 No: 0
A motion was made by Councilwoman Moore and seconded
by Vice Mayor Gilardi to adopt Resolution No. 03-43
accepting and approving the Engineer’s Report for the Fiscal Year 2003-2004 for
the Quail Hollow Subdivision Maintenance Assessment District and ordering the
establishment of the assessment rates as stated therein.
Yes: 5 No: 0
A motion was made by Councilwoman Moore and seconded
by Vice Mayor Gilardi to adopt Resolution No. 03-44
accepting and approving the Engineer’s Report for the Fiscal Year 2003-2004 for
the Sierra Meadows Subdivision Maintenance Assessment District and ordering the
establishment of the assessment rates as stated therein.
Yes: 5 No: 0
A motion was made by Councilwoman Moore and seconded
by Vice Mayor Gilardi to adopt Resolution No. 03-45
accepting and approving the Engineer’s Report for the Fiscal Year 2003-2004 for
the Macklin Phase I Subdivision Maintenance Assessment District and ordering
the establishment of the assessment rates as stated therein.
Yes: 5 No: 0
A motion was made by Councilwoman Moore seconded by
Vice Mayor Gilardi to adopt Resolution No. 03-46
accepting and approving the Engineer’s Report for the Fiscal Year 2003-2004 for
the Garden Gate Subdivision Maintenance Assessment District and ordering the
establishment of the assessment rates as stated therein.
Yes: 5 No: 0
Councilman Berkemeier stepped down from the dais at
A motion was made by Councilwoman Moore and seconded
by Vice Mayor Gilardi to adopt Resolution No. 03-47
accepting and approving the Engineer’s Report for the Fiscal Year 2003-2004 for
the Park Meadows Subdivision Maintenance Assessment District and ordering the
establishment of the assessment rates as stated therein.
Yes: 4 No: 0 Abstain: 1
(Berkemeier)
Councilman Berkemeier returned to the dais at
7. Introduction of Ordinance No. 750
Council concurred to continue the public hearing and
introduction of Ordinance No. 750 Adopting State Mandated Uniform Codes to the
regular City Council meeting of
Mayor Kurvers read the
Consent Calendar titles and asked if any should be pulled for discussion.
Item pulled: 10 (George Barich)
8. Adoption of Resolution No. 03-41
Supporting the Concept and Efforts of the
9. Approval of Contract Change Order No. 3
for the 2002 Overlay Project.
10. Adoption of Resolution No. 03-49 Approving
Master Lease/Purchase Agreement for Police Vehicles.
Considering a suggestion from City Attorney Nebb regarding staff’s desire to pull the item, Council
concurred to bring the item back for discussion at a later date.
11. Approve scheduling joint meeting with
Community and Environment Commission on Wednesday, July 23, 2003 at 6:00 p.m.,
just prior to regular City Council meeting.
It was moved by Vice Mayor Gilardi
and seconded by Councilman Berkemeier to approve Items 8, 9 & 11 of the
Consent Calendar.
Yes: 5 No: 0
REGULAR AGENDA
12. Discussion and direction to staff regarding
possible implementation of Housing Linkage Fee (Planning
Director)
A Staff Report was given by Planning Director Woltering who responded to questions from Council.
Mayor Kurvers called for
Public Comment.
Joan Simon,
Ernie Carpenter,
Carr Kunze, Santa Rosa, CA,
Senior Housing Specialist, Burbank Housing Development Corporation, presented
his thoughts on the housing linkage fee.
George Barich, Cotati, did not
favor a housing linkage fee. Mr. Barich did not feel that socialized, low-cost housing was
beneficial for the City of
Mayor Kurvers closed public
comment.
At the request of Mayor Kurvers,
Planning Director Woltering explained the concept of
the housing linkage fee.
Councilman Berkemeier favored the idea of a housing
linkage fee. He hoped that Council would
fully support the issue.
Vice Mayor Gilardi queried
the stipulations which defined very low and low income. Vice Mayor Gilardi
hoped that incomes including those of police officer, teacher and firefighter
were not being priced out of the area housing market and questioned if this
group could qualify for the very low and low income fund. Gilardi hoped that
funds from the housing linkage fee would not all be given away to those groups
which did not necessarily represent all of the work force. Referring to Vice Mayor Gilardi’s
question as to what information stipulated a very low and low income household,
Woltering remarked that he did not have relevant
income information at the time and that he could provide this information at a
future meeting date. Planning Director Woltering
implied that, with regard to the cost of living in
In answer to a question from Vice Mayor Gilardi as to which
Vice Mayor Gilardi was
apprehensive about the fact that a certain business journal had made reference
to Cotati as being “business unfriendly”, and that perhaps, the City made it
difficult for developer’s to establish themselves. Vice Mayor Gilardi
felt that the City might once again be given the reputation of being ‘business
unfriendly’, should the City be the first to pass such an ordinance. She also pondered the affects of the housing
linkage fee with regard to very low and low income levels.
Councilwoman Orchard encouraged Council to direct
staff to prepare an ordinance and bring
it back to Council. She mentioned that she
favored the appointment of a subcommittee to work with staff to develop an
ordinance.
In terms of an appropriate fee, Councilwoman Orchard
stated that she was in agreement with Planning Director Woltering’s
suggestion to start with a smaller fee. Orchard
remarked that she was comfortable with the fact that the neighboring community
of Napa County/City had already established these fees and had good success
with them. She stated that she favored
the adoption of a fee similar to that of Napa County/City. Orchard further commented, that early on in
the working group meetings, Planning Director Woltering,
had researched the fact that other cities and counties were not hurt by such
fees and that response was very positive in terms of attracting
development. She stated that she had
mixed feelings with regard to lowering fees even further in the redevelopment
area, in that, while she understood the need for incentives for development in
the redevelopment areas, that she was not sure that our redevelopment area needed
that type of incentive. With regard
to a threshold, Councilwoman Orchard suggested that, due to the fact that the
City was encouraging certain types of development for certain areas, she would
support the consideration of a threshold of 10,000 square feet. She commented that she would be proud to be
the first city to go forward with a housing linkage fee.
Councilwoman Orchard suggested appointing a
subcommittee to craft a housing linkage fee ordinance.
Mayor Kurvers stated that
she would be proud to be the first City to adopt an ordinance supporting the
Housing Linkage Fee. She suggested that
Council tie into an appropriate index and bring back a fee schedule for annual
Council review.
Councilwoman Moore commented that she appreciated rent
control.
A motion was made by Councilwoman Orchard and a second
by Councilman Berkemeier to agendize the appointment
of a subcommittee for study of a Housing Linkage Fee.
Yes:
5 No: 0
13. Appointment of Council subcommittee to work
with City Attorney to prepare campaign reform proposal for Council
consideration (City Manager)
Mayor Kurvers opened public
comment.
Vice Mayor Gilardi and
Councilwoman Orchard stated that they would like to serve as a subcommittee to
work with the City Attorney.
Joan Simon,
A motion was made by Councilman Berkemeier and
seconded by Councilwoman Moore to appoint Councilwoman Orchard and Vice Mayor Gilardi to serve in consultation with the City Attorney as
subcommittee members in order to craft a campaign reform proposal for future
Council consideration.
Yes: 5 No: 0
14. Approval of request by Richard Skiver
(Piranha Swim Club) to use amplified music and to sell alcoholic beverages in
La
A Staff Report was given by Interim City Manager Christofferson who responded to questions from Council.
Mr. Richard Skiver gave further details of the event.
Councilman Berkemeier commented that past Mayor,
Sandra Elles was a staunch supporter of the Piranha
Swim Club.
A motion was made by Councilwoman Orchard and seconded
by Vice Mayor Gilardi to approve the request from
Richard Skiver to use amplified music and to sell alcoholic beverages in La
Plaza Park on
Yes: 5 No: 0
15.
Designation of Voting Delegate for 2003 League of
California Cities Annual Conference (City Manager)
A Staff Report was given
by Interim City Manager Christofferson who responded
to questions from Council.
A motion was made by Councilwoman Orchard and seconded
by Councilwoman Moore to appoint Mayor Janet Kurvers
as Delegate and Vice Mayor Pat Gilardi as Alternate
to the 2003 League of California Cities Annual Conference to be held
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: Kurvers, Gilardi, Berkemeier,
Staff present: Christofferson, Hayes, Sime, Nebb, Woltering
Consent
Calendar
Mayor/Chair
Kurvers read the Consent Calendar title and asked if
it should be pulled for discussion.
16. Approval of warrants and audited claims for
the period June 19 – July 2, 2003.
It was moved by Councilman Berkemeier and seconded by
Councilwoman Orchard to approve the Consent Calendar.
Yes: 5 No: 0
Regular
Agenda
17. Discussion and direction to staff regarding
possible adjustment of charges for preparation of an inclusionary
housing agreement - Cotati Cohousing Project (Planning
Director)
A Staff Report was given by Planning Director Woltering who responded to questions from Council.
Mayor Kurvers called for
public comment.
Tim Weaver, Santa Rosa, Cotati Cohousing
Group, stated that the Cohousing Group had requested
an adjustment of fees due to the fact that the group’s attorney fees had
assisted in the development and preparation of the basic inclusionary
housing agreement.
Due to the fact that he lived less than 500 feet from
the project, Councilman Berkemeier excused himself from the dais at
Don Van Dyke, Cotati, felt that the City requests too
many fees from developers. He felt that
developers should be able to pay the same fees as everyone else.
A motion was made by Vice Mayor Gilardi
and seconded by Councilwoman Orchard directing staff to adjust the charges for
City Attorney services to the Cohousing Project for
preparation of an Inclusionary Housing Agreement and
associated documents, and to reduce the City Attorney charges by 50% and that
said charges will not exceed a total reduction of $5,000; and that, adjusted
charges will instead be paid from the City’s Low/Moderate Income Housing Fund.
Yes: 4 No: 0 Abstain: 1
(Berkemeier)
Councilman Berkemeier returned to the dais at
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
n Brief announcements and reports on Councilmember
activities.
Councilmembers reported on meetings they have attended recently.
Planning Director David Woltering
passed out information to Council regarding Measure “F”.
ADJOURNMENT
The
meeting was adjourned at
Respectfully
submitted,
Administrative Clerk