CITY OF COTATI

November 13, 2002

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

The meeting was called to order at 6:30 p.m. by Mayor Orchard.

CITY COUNCIL MEETS IN CLOSED SESSION FOR THE REASONS INDICATED BELOW

Mayor Orchard stated Council would meet in closed session for the reason indicated below.

RECONVENE TO OPEN SESSION

The meeting was called to order at 7:00 p.m. in open session by Mayor Orchard.

PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

CLOSED SESSION ANNOUNCEMENT

Mayor Orchard stated that Council had met in closed session on a matter of anticipated litigation and had taken no action.

ROLL CALL

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

Staff present: Shaddox, Dorch, Woltering, Hayes, Anna, Bertolero, Nebb

APPROVAL OF MINUTES AND NOTICE OF WAIVING READING

1. Adjourned Regular meeting of October 17, 2002

2. Regular meeting of October 23, 2002

-- 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 October 17 and October 23, 2002 and to waive the reading of all ordinances introduced and/or adopted under this agenda.

Yes: 5 No: 0

ORAL AND WRITTEN COMMUNICATIONS

Announcements

-- Reminder: The regular second meeting in November has been rescheduled to Tuesday, November 26 at

7:00 p.m.

-- Information on the Winter Recreation Program is available on the pamphlet display stand in the lobby of City Hall. Adult classes have been added for the Winter session, including Holiday Decoupage, Holiday and Everyday Stress Management, Improvisational Comedy, and Community CPR.

Mayor Orchard called attention to the announcements.

Report by Honorary Mayor

3. Alexis Shockley, Thomas Page School

Honorary Mayor Shockley introduced herself, saying she is Student Body President at Thomas Page. She said she is interested in seeing how a council meeting is conducted and hopes to learn from this experience. Councilmembers talked with her briefly, and Mayor Orchard thanked her for her presentation.

Correspondence and Presentations

4. Presentation regarding assistance to low-income homeowners by "Rebuilding Together Rohnert Park/Cotati"

Gary Jelinek, President of Rebuilding Rohnert Park/Cotati, gave a presentation on the Rebuilding Together program and responded to questions from Council. He invited Cotati residents to consider participating as volunteers and/or Board members of the organization.

CITIZEN BUSINESS

Joan Simon, 618 W. School Street, spoke regarding Cotati’s community values and suggested that Council consider looking into a number of campaign reforms, including lowering the disclosure level for campaign contributions. Mayor Orchard requested the City Attorney’s office to prepare a report on the topics brought up by Ms. Simon.

Patricia Jonas Voulgaris congratulated those elected to office on November 5. She said Cotati must act to attract and retain more business.

Mark Firestone, 8483 Loretto Avenue, congratulated newly elected Councilmembers. He said one of the candidates continues to accuse him of wrongdoing, and said that Councilman Berkemeier put out a "hit piece" against candidates Moore and Gilardi.

George Barich, 176 W. Cotati Oaks Court, said that during the previous election Councilman Berkemeier was instrumental in the dissemination of untruthful literature regarding then-candidate Pia Jensen. Because of this kind of activity, he said, no one respects Cotati. He asked Councilman Berkemeier to step down from the City Council tonight.

Greg Brennan congratulated Councilwoman Gilardi and Councilwoman-elect Lisa Moore, and he went on to say that it is fortunate that the citizens can see through the big money campaigns and vote to elect good candidates. He asked that every penny of campaign contributions be revealed, and he said it should not take large amounts of money to get elected in Cotati. He said he would like to see a cap of $4,000 per candidate for campaign expenditures.

Barry Harris, 90 Gilbert Way, said there are already election laws on the books, and if people believe there were illegalities in Cotati's election they should go to the District Attorney to file a complaint.

Ken Coleman, 8467 Loretto Avenue, said Forrest Galt wanted to become a Councilmember in order to bring more business into Cotati. He asked for capping of campaign expenditures.

COUNCILMEMBER DIRECTION ON FUTURE AGENDA ITEMS

None.

PUBLIC HEARINGS

5. Introduction of Ordinance No. 742 Adding Section 13.36.040 – Connection Required; Exceptions to Chapter 13.36 "Sewers Required" Provisions of the Cotati Municipal Code (City Engineer)

City Engineer Bertolero gave a staff report and responded to questions from Council.

Councilwoman Gilardi said she would like exemptions provided to enable a homeowner to perhaps increase the size of their garage or increase the amount of habitable space by a certain percentage.

There was no public comment.

Council comment ensued, and at the recommendation of City Manager Shaddox, Mayor Orchard directed that this matter be brought back to a future meeting for consideration of some of the suggested changes.

The meeting was recessed at 8:00 p.m. and reconvened at 8:14 p.m.

CONSENT CALENDAR

Mayor Orchard read the Consent Calendar titles and asked if any of the items should be pulled for discussion. No items were pulled.

6. Rejection of Claim for Damages - Steven Armstrong

7. Second reading and adoption of Ordinance No. 740 Amending the Municipal Code (Ordinance No. 734) Related to Water Service Charges

8. Second reading and adoption of Ordinance No. 741 Amending the Municipal Code (Ordinance No. 735) Related to Sewer Service Charges

9. Approval of the concept of using Sonoma County Waste Management Agency to perform a Greenhouse Gas Inventory within the City of Cotati; approval of an appropriation of $3,125 from AB 939 funds to pay for said work

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

Yes: 5 No: 0

REGULAR AGENDA

10. Approve proposal from W-Trans for traffic evaluation and mitigation measures, if needed, for the Benson Lane-Loretto Avenue area; authorize City Manager to execute contract with W-Trans for subject work; approve appropriation of $6,100 from the General Fund to pay for said work (City Engineer)

City Engineer Bertolero gave a staff report and responded to questions from Council.

Louis Callas, 67 Benson Lane, said the traffic problem is an immediate one for the local residents, and he hopes Council will not give any more weight to a traffic study by engineers than to the concerns of the residents themselves. He asked why the City seems to utilize W-Trans for its traffic studies when that firm had, he said, told some residents in the Benson/Loretto area that traffic would decrease in their area. Clearly, he stated, W-Trans gave erroneous information to residents.

Mark Firestone, 8483 Loretto Avenue, said he understands the need for a study, but many options have already been studied. He agreed that W-Trans was wrong in predicting that the closure of Park Avenue would reduce the amount of traffic in the Benson/Loretto area. He asked that Benson be closed as soon as possible.

Tim Foley, 8473 Loretto, said W-Trans studied the closure of Park Avenue and concluded it would result in the decrease of traffic in the Benson/Loretto area. He said he is angry that the City is using W-Trans again and he asked why the study didn’t have to go out to bid. He said another survey is not needed; the street needs to be closed on a temporary basis and the results can then be seen.

Ken Coleman, 8467 Loretto Avenue, said he e-mailed to City Manager Shaddox a diagram of a possible temporary closure of Benson at the bridge. He proposes having two concrete planter boxes placed in the street and, in addition, plastic staves which would discourage people from driving through but would not prevent emergency vehicles from passing through when necessary. He said Berkeley and Walnut Creek block off streets in this manner and it is inexpensive and effective.

George Barich said it is unfair to subject the residents to a study at this time. City staff could engineer and carry out the street closure in a thoroughly professional manner, he stated.

Anne Wallace Rock, 35 Page Street, asked Council to approve the study. She added that Walkable Cotati does not support closure of streets, and she hopes solutions found for this area can also be used in her area where there is also fast-moving traffic.

Jeff Cameron, 8461 Loretto Avenue, agreed that it is not fair to make the residents wait longer for relief, and especially working with W-Trans who provided incorrect information in the past. It would be best, he said, to implement a temporary closure and then study the results.

John Rock, 35 Page Street, said he favors Council approval of the engineering study. Closure of Benson Lane first would just move the problem to another area. He wants to see controlled traffic, not street closure.

City Manager Shaddox remarked that the W-Trans study referred to by speakers tonight was specifically on whether the Park Meadows development itself would cause increased traffic through Benson Lane. Traffic has increased, he acknowledged, but most likely resulting from a number of other causes besides the Park Meadows development.

Following Council discussion, it was moved by Berkemeier, seconded by Gilardi, to approve the proposal from W-Trans for traffic evaluation and mitigation measures, if needed, for the Benson Lane-Loretto Avenue area; authorize City Manager to execute contract with W-Trans for subject work; approve appropriation of $6,100 from the General Fund to pay for said work.

Yes: 3 No: 1 (Kurvers) Abstain: 1 (Fox)

It was moved by Kurvers, seconded by Gilardi, to direct staff to prepare a resolution providing for stop signs to be placed at both ends of Benson Lane.

Yes: 3 No: 0 Abstain: 2 (Berkemeier, Fox)

JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS

Call to Order

The joint meeting was called to order at 8:57 p.m. by Mayor/Chair Orchard.

Roll Call

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

Staff present: Shaddox, Hayes, Anna, Nebb

Consent Calendar

11. Approval of warrants and audited claims for the period October 18 - November 6, 2002.

It was moved by Gilardi, seconded by Kurvers, 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 8:58 p.m.

 

CITY COUNCIL REPORTS AND COMMENTS

-- Brief announcements and reports on Councilmember activities.

Councilmembers reported on meetings they have attended recently.

ADJOURNMENT

The meeting was adjourned at 9:10 p.m.

Respectfully submitted,

 

_____________________________

Deputy City Clerk

 

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CITY COUNCIL WILL MEET IN CLOSED SESSION FOR THE REASON INDICATED BELOW:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION [G.C. §54956.9(b)]

Significant exposure to litigation: One potential case