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

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

Staff present: Shaddox, Woltering, Stewart, Anna, Nebb, Bertolero

Mayor announced Item No. 10 (Cotati Cohousing Below Market Rate Agreement) will be continued, at the request of the applicant, to the first meeting in January. Item No. 14 (Cotati Cottages Final Map and Subdivision Improvement Agreement) will be removed from the Consent Calendar and placed on the Regular Agenda.

1. Regular meeting of November 26, 2002.

It was moved by Fox, seconded by Kurvers, to approve the minutes of November 26, 2002 and to waive the reading of all ordinances introduced and/or adopted under this agenda.

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

There was no public comment.

It was moved by Kurvers, seconded by Berkemeier, to receive and file the Official Statement of Votes Cast for the November 5, 2002 General Municipal Election.

Yes: 5 No: 0

There was no public comment.

It was moved by Kurvers, seconded by Berkemeier, to adopt Resolution No. 02-98 Declaring the results of the General Municipal Election of November 5, 2002.

Yes: 5 No: 0

Mayor Orchard read the Resolution.

George Barich, 176 W. Cotati Oaks Court, wished Geoff Fox well in his future endeavors and said he would support him if he were to choose to run for City Council in the future.

Councilwoman Gilardi commended Councilman Fox on his record of commitment to the City through personal difficulties and triumphs

Councilman Berkemeier concurred and added to those remarks, as did Vice Mayor Kurvers and Mayor Orchard.

It was moved by Berkemeier, seconded by Kurvers, to adopt Resolution No. 02-99 Commending Councilman Geoff Fox.

Yes: 5 No: 0

-- Administration of Oath of Office to Patricia Gilardi and Lisa Moore

Deputy City Clerk Anna administered the Oath of Office to Patricia Gilardi and Lisa Moore and presented them each with a Certificate of Election.

Mayor Orchard invited everyone to enjoy a brief reception for incoming and retiring Councilmembers. The meeting was recessed at 7:30 p.m.

The meeting was reconvened at 7:55 p.m. by Mayor Orchard.

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

Staff present: Shaddox, Woltering, Stewart, Anna, Bertolero, Nebb

Mayor Orchard called attention to the announcements.

Honorary Mayor Carreon introduced herself and spoke about El Camino High School and the plans for expansion of the facilities. She described the various opportunities available at the school for training. She responded to questions from Council and introduced her father.

Mayor Orchard thanked her and presented her with a Certificate of Appreciation.

Chamber Board President Rich Lucchesi discussed the Quarterly Report and responded to questions from Council. He reported the Farmers Market was a great success and is fully booked with vendors for next year. He said the Economic Development Task Force is getting underway, and the Chamber will be working in partnership with Sonoma State University. The Chamber is working on producing the 2003 Cotati Jazz Festival, he said. In response to a suggestion from Vice Mayor Kurvers, Mr. Lucchesi stated they are working on a Cotati sign to be placed on Highway 101 which would be aimed at attracting visitors.

George Barich, 176 W. Cotati Oaks Court, said it would be nice to hear the Chamber of Commerce report on how they have spent their money. He went on to say he does not see that the City has made any progress on getting to the bottom of the election scandal that occurred just prior to the election – that being a piece of literature sent out which, he said, made inaccurate and harmful statements regarding then-candidates Gilardi and Moore.

Mark Firestone, 8483 Loretto Avenue, said he has observed that citizens are not getting a chance to comment on agenda topics following staff presentations. He asked Council to give the matter some serious consideration.

Tim Foley, 8473 Loretto Avenue, said it is important that accurate facts be made available. He said he doesn’t feel the traffic survey being conducted on the Benson-Loretto area will be accurate, and he still wonders why W-Trans was retained to do the job, given their bungling of a previous job. He said he remembers the Arthur Street street closure controversy and he recalled that when he used that street for a shortcut he was stopped by the police. He quoted from historical writings regarding closure of Arthur Street. He said Council originally planned to erect a temporary barrier on Benson Lane and wondered why that has not been done. He asked that Benson Lane be permanently closed to through traffic.

Ken Coleman, 8467 Loretto Avenue, said he would like to have time for a rebuttal or questions after staff reports.

Vice Mayor Kurvers commented that the information requested by Mr. Barich is in the Quarterly Report, and a copy is available for his use.

Councilwoman Gilardi asked for report on videotaping and broadcasting City Council meetings, and also on a City newsletter. City Manager Shaddox said both could be brought back at the January 28, 2003 meeting.

Councilwoman Gilardi asked if allowing people to speak a second time is an individual Mayor’s decision or is a requirement of some sort. Staff responded that it is entirely the Mayor's decision.

Councilwoman Moore commented that Planning Commission did, at one time, allow people to come back to speak a second time and it seemed to be a good policy.

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

There was no public comment.

It was moved by Kurvers, seconded by Gilardi, to introduce Ordinance No. 742 Adding Section 13.36.040 – Connection Required; Exceptions to Chapter 13.36 "Sewers Required" Provisions of the Cotati Municipal Code.

Yes: 5 No: 0

Mayor Orchard read the Consent Calendar titles and asked if any items should be pulled for separate consideration.

Items pulled: Item 10 - to be scheduled for the first meeting in January.

Item 14 was moved to Regular Agenda

Item 11 was pulled by Councilman Berkemeier who stated he would abstain from consideration of this item because of a conflict of interest: he owns property on Benson Lane which is within 500' of the Park Meadows Subdivision.

It was moved by Kurvers, seconded by Gilardi, to approve Nos. 8, 9, 12 and 13 of the Consent Calendar.

Yes: 5 No: 0

Item 11: It was moved by Gilardi, seconded by Kurvers, to approve Item 11.

Yes: 4 No: 0 Abstain: 1 (Berkemeier)

City Attorney Walter proposed that, although final documents are not available at this time, Council move to approve the Cotati Cottages Final Map, subject to a number of conditions.

Victor Gonzalez said there are no substantive issues between Monahan Pacific and the City, so any adjustments are minor. He asked Council to act tonight because there will not be another City Council meeting for a month and they wish to begin work as soon as possible.

In response to a question from Mayor Orchard, City Manager Shaddox confirmed that the City has all the necessary documents for final editing and is confident that the final documents will be consistent with City requirements. He pointed out that, in any event, the Final Map cannot be approved until the City is satisfied that all conditions have been met.

George Barich, 176 W. Cotati Oaks Court, said Monahan Pacific is simply not prepared tonight, and he said all items should come before Council instead of only staff. He urged Council to look at everything themselves and make sure they are correct. He said he doubts that the business park may will ever see the light of day.

Tim Foley, 8473 Loretto, said he has never seen anything such as what is being proposed, and it is tantamount to letting Monahan Pacific do what they want.

Mark Firestone said, as a builder, he wonders if a job of his would be approved in this way.

Marlina Eckel, 8547 Larch Avenue, said this issue is too big and important to be allowed to go forward incomplete.

In response to question from Mayor Orchard, City Manager Shaddox said Council could call a special meeting to consider completed documents. He added that there have been a number of other projects which Council has approved under similar circumstances and they have been successful.

Following brief discussion, Council consensus was to schedule an adjourned meeting for Tuesday, December 17 at 7:00 p.m. to consider this item.

It was so moved by Berkemeier, seconded by Gilardi.

Yes: 5 No: 0

Councilman Berkemeier stated he would abstain from consideration of this item because of a conflict of interest – he owns property on Benson Lane. He left the dais at 8:49 p.m.

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

Ken Coleman, 8467 Loretto, requested Council not approve installation of stop signs but instead wait for completion of the traffic study and its accompanying recommendations.

Tim Foley, 8473 Loretto, said he agrees there is no reason to spend money on stop signs when a study is being conducted.

Mark Firestone said ordinarily he would not oppose stop signs, but in this situation, especially when a traffic study is being conducted, he does not think they would be a good idea. He urged Councilmembers to review the September 14 traffic study conducted by our Police Department. He stated it is non-residents who are opposing closure of Benson Lane.

Marlina Eckel, 8547 Larch Avenue, said she opposes closure of Benson Lane. She said Cotati is not in the 1970s any more and conditions have changed. She supports the opinion that stop signs are not needed. She said that some traffic must be expected on City streets, and it must be kept flowing rather than being stopped. The problem is at commute hours, and she proposed installation of navigable planted islands along Benson Lane. Alternatively, raised, bricked-in sections could be constructed at either end of Benson Lane which would reduce the thoroughfare aspect of the street. Another possibility would be to eliminate the left turn from Benson onto Loretto. If Benson were closed, she said, the next cut-through would be at Charles Street, and that would increase dangers to seniors along Charles Street. A secondary proposal would be to close Benson to through traffic at commute hours.

Jeff Cameron, 8461 Loretto Avenue, said he agrees that stop signs should not be installed now. He said it is important to remember that everyone has agreed that mitigation of the situation is important. He asked if there were any considerations of traffic mitigation when the downtown street was narrowed. Responding to the previous speaker’s comments, he said there has been a huge increase in traffic along Benson and Loretto, and it is not "some traffic". He would like to reduce the number of cars on Benson Lane, but not reduce the number to a 1970s level. He agreed everyone in the L section should be notified when Council is to consider any steps to be taken to mitigate traffic in that area.

Councilwoman Moore said she agrees with the City Engineer’s recommendation to not install stop signs at this time. Vice Mayor Kurvers said that while she suggested installation of stop signs, she would be in favor of anything that would beautify the City, and thought Ms. Eckel’s suggestion was a good one. Councilwoman Gilardi said she would favor not installing stop signs at this time but would like to see the results of the traffic study. Mayor Orchard said she favors Alternative B, not installing stop signs now. She noted she also lives on a street where people drive fast and do not stop at stop signs.

It was moved by Gilardi, seconded by Moore, to approve Alternative B – to not install stop signs on Loretto Avenue at Benson Lane and Park Avenue at Benson Lane at this time and review the installation of the signs at a future meeting when the Benson Lane/Loretto Avenue Traffic Analysis Report is presented to Council in January 2003.

Mark Firestone said he has been working on this problem for three years, and many of the alternatives suggested tonight have already been looked at and found to be not feasible.

Tim Foley said Ms. Eckel and the other cut-through drivers are the problem; in the years he lived in Holiday Park he never drove over Benson Lane but, instead, drove down East Cotati Avenue.

Marlina Eckel said she is not trying to erect a barrier between herself and the residents of Benson Lane; she is just trying to get home. She said she does try to minimize the effect of her driving on her neighbors.

George Barich said this is a difficult situation, and Council has the right and duty to try to preserve the tranquility of the neighborhoods.

Yes: 4 No: 0 Abstain: 1 (Berkemeier)

Councilman Berkemeier returned to the dais at 9:26 p.m.

The meeting was recessed at 9:27 p.m. and reconvened at 9:45 p.m.

City Manager Shaddox reviewed staff's recommendation that the regular meetings in January be rescheduled to January 15 and 29, 2003. He stated it now appears more desirable to schedule the second meeting for Tuesday, January 28 to accommodate travel to the REMIF conference.

George Barich said that the Rancho Adobe Fire Protection District meets on Wednesdays so there might be a conflict for people who wish to attend both meetings.

Following Council discussion, it was moved by Kurvers, seconded by Berkemeier, to reschedule the regular City Council meetings of January 8 and 22, 2003 to Wednesday, January 15 and Tuesday, January 28, 2003.

Yes: 5 No: 0

Janet Kurvers expressed interest in pursuing the alternate position on LAFCO.

Council consensus was to support Leah Gold if there are only the two Healdsburg candidates for LAFCO.

It was moved by Berkemeier, seconded by Gilardi, to endorse Janet Kurvers for the alternate position for LAFCO.

Yes: 5 No: 0

The joint meeting was called to order at 9:53 p.m. by Mayor/Chair Orchard.

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

Staff present: Shaddox, Anna, Bertolero, Nebb

Mayor/Chair Orchard read the titles of the Consent Calendar items and asked if any items should be pulled for separate consideration.

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

Yes: 5 No: 0

The joint meeting was adjourned at 9:54 p.m. and the regular City Council meeting reconvened.

-- Brief announcements and reports on Councilmember activities.

Councilmembers reported on meetings they have attended recently.

The meeting of the City Council was adjourned in memory of the late Marilyn Minnis.

The joint meeting of the City Council and Redevelopment Agency Board of Directors was reconvened, at 10:20 p.m.

Mayor/Chair Orchard stated that Council/Agency Board would meet in closed session for the reasons indicated below:

Conference with Legal Counsel - Anticipated Litigation

Significant exposure to litigation pursuant to §54956.9(b) of the Government Code

Conference with Legal Counsel - Existing Litigation

(Subdivision (a) of Section 54956.9 of the Government Code)

Name of case: Dubray vs. City of Dublin, et al

The meeting was reconvened in open session and the Mayor/Chair stated that there was no action to be reported from closed session.

The joint meeting was adjourned at 11:15 p.m.

Respectfully submitted,

_____________________________

Deputy City Clerk