CITY OF COTATI
April 9, 2003
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 6:00 p.m. by Mayor Kurvers.
CITY COUNCIL MEETS IN CLOSED
SESSION FOR THE REASONS INDICATED BELOW
Mayor Kurvers stated Council
would meet in closed session for the reasons indicated below.
RECONVENE TO OPEN SESSION
The meeting was called to order at 7:00 p.m. by Mayor Kurvers.
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
ROLL CALL
Councilmembers present: Kurvers, Gilardi, Berkemeier, Moore, Orchard
Staff present: Shaddox, Dorch, Hayes, Anna, Walter
CLOSED SESSION ANNOUNCEMENT
Mayor Kurvers stated Council had met in closed session and there was no action to report.
APPROVAL OF MINUTES AND NOTICE OF WAIVING READING
1. Regular meeting of March 26, 2003.
-- Notice of waiving the reading of all
ordinances introduced and/or adopted under this agenda
It was moved by Berkemeier, seconded by Orchard, to approve the minutes of March 26, 2003 and to waive the reading of all ordinances introduced and/or adopted under this agenda.
Yes: 5 No: 0
ORAL AND WRITTEN COMMUNICATIONS
Announcements
-- “April
in Paris” is the theme for the Cotati Philharmonic concerts to be held Friday
and Saturday, April 25 and 26 at the Jackson Theater at the Sonoma Country Day
School in Santa Rosa. The location is
441 Aviation Boulevard, admission is free, and the concert begins at 8:00 p.m.
-- Spring
Earth Day will take place on Sunday, April 27 and will focus on environmental
education and creek restoration activities.
Volunteers will meet at 9:30 a.m. at Helen Putnam Park on Myrtle Avenue
and work for about 3 hours on creek restoration and cleanup projects. The day’s efforts will include mulching,
weeding, planting of native shrubs and preparing for summer.
-- The
next Events Summit meeting will take place on Saturday, May 3, 2003 at City
Hall. Come for a muffin and coffee at
8:45 a.m., then the meeting will take place from 9:00 a.m. to 10:00 a.m. The City of Cotati is hosting this event to
help groups pool their efforts and create a master list of events. Please bring your calendar and a brief
description about your group to be included in the list. Learn how to get involved in City
events! Come meet other nonprofits and
event planners! Network for resources
and volunteers.
-- Sashay
on up and buy your tickets in advance for the Pig Roast and Square Dance
fundraiser to be held from 1 to 5 p.m. on Saturday, May 31 in La Plaza
Park. Tickets for this fun family event
are $15.00 per person, and are available at the Chamber of Commerce and at City
Hall. Remember: Admission is by advance ticket sales
only!
Mayor Kurvers called attention to the announcements.
Report by Honorary Mayor
2. Jolinda
Tam – Mountain Shadows Middle School
Honorary Mayor Tam introduced herself and spoke regarding her interests and personal goals. She introduced family members present and responded to questions from Council. Mayor Kurvers thanked her for her presentation.
Correspondence and Presentations
3. Presentation
by Gary Jelinek, Rebuilding Together Rohnert Park/Cotati
Mr. Jelinek spoke regarding the Rebuilding Together program. The event is taking place on April 26 and volunteers are still needed. A golf tournament in June will help raise funds for the program.
Patricia Jonas Voulgaris, Cotati, asked whose houses will be refurbished. Assistant City Manager Dorch responded that they are typically low income or disabled persons.
George Barich, 176 W. Cotati Oaks Court, agreed that this is a worthwhile program but City funds are always requested to help support it and he does not feel that it is wise.
4. Presentation
by Ann Hancock regarding Inventory Project for ICLEI
Ms. Hancock spoke regarding the Inventory Project and commended Cotati ICLEI Intern Monica Villanueva for her excellent work on the project. Ms. Villanueva reported on the work she has been doing on the Inventory for the City of Cotati.
Patricia Jonas Voulgaris, Cotati, asked how much this program costs the City of Cotati. Assistant City Manager Dorch responded the City has, to date, expended $600 for software and $3,100 for membership. Future costs are unknown at this point. Mrs. Voulgaris said the City should have a better idea of what the ultimate costs would be; to not know is unbusinesslike.
Proclamation
5. National
Telecommunicators Week: April 13-19,
2003
Mayor Kurvers read the Proclamation and presented it to Dispatcher Andrea Demo.
CITIZEN BUSINESS
Eric Kirchmann, Cotati, said Police Dispatchers sometimes do not know the City very well, nor do the Police Officers. He commended City Manager Shaddox for his prompt response recently to a phone call made by Mr. Kirchmann. He said on numerous occasions when he has brought to the City’s attention vehicles parked in fire lanes his communications have been ignored.
Greg Brennan, Cotati, thanked City Manager Shaddox for his service to the City. He said that the new stop signs on Cypress slowed people down initially, but they seem less effective in recent weeks. The best traffic calming measures are the City police cars, he said, and he suggested they be deployed around the city and that traffic enforcement be increased. Secondly, he talked about campaign contributions and the need for campaign reform in Cotati. Councilwoman Gilardi responded that Cotati will be considering such issues at a Council meeting in the near future. She added she has heard from a teenager that there are drag races along Cypress late at night.
Patricia Jonas Voulgaris, Cotati, said she sees the police frequently on Clothier, in her neighborhood, so she is pleased with police response overall. She asked what the City is doing to encourage business.
Yvonne Van Dyke, 466 Christensen Court, said she feels there should have been an announcement on the agenda tonight about the resignation of City Manager Shaddox. She asked what the City Council is doing about that situation.
Andrew Kovaly, 8923 Poplar Avenue, said the Patriot Act affects women, and he referred to a letter from the American Civil Liberties Union. He spoke regarding the First Amendment and present threats to it from our government. Mayor Kurvers stated Council adopted a resolution in opposition to the Patriot Act.
George Barich said Greg Brennan’s comments are correct and he feels many citizens would be happy to respond to negative and insulting campaign practices. He said the monies in the housing fund are not lost if we don’t use them, but they revert back to the State and we are part of the State. That money could be used for many worthy purposes at the State level, he said, and the City should be looking to see what it can give back to the State and Federal governments.
John Rock, 35 Page
Street, said he is afraid the contingencies conditions of approval for certain
projects are not being addressed; he mentioned the Cohousing Project as an
example. He had a concern that a bulb
out on Page Street has been omitted. Secondly,
he is seeing excessive use of A-boards downtown and a lack of enforcement in
that regard.
COUNCILMEMBER DIRECTION ON FUTURE AGENDA
ITEMS
Vice Mayor Gilardi said she was concerned about Senate Bill 100 increasing retirement benefits for public safety employees. She would like discussion as to whether we might like to join Windsor in opposition to that bill.
Councilman Berkemeier, noting that monument signs at the Rancho Cotati Shopping Center are up, asked if there would be enforcement of the A-board signs in that area. He noted portable signs may only be placed on private property.
Mayor Kurvers asked the City Manager to direct the Chief of Police to report on increased traffic enforcement. She added, for the information of the public, that two police department employees do live in the City. She added she agrees that some announcement should have been made tonight regarding the departure of the City Manager.
Councilwoman Moore remarked she has seen many more police in the Benson/Loretto area. Councilman Berkemeier added they are also in the Commerce area.
CONSENT CALENDAR
Mayor Kurvers read the Consent Calendar titles and asked if any should be pulled for separate consideration.
6. Adoption of Resolution No. 03-11
Declaring Weeds 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 Thereon.
7. Denial
of Claim for Damages – Gatzios
8. Approval of request for authorization
to play amplified music at La Plaza Park on Saturday, June 21, 2003 (Garbage
Reincarnation – Scrapture Junk Art Contest).
9. Approval of Proposal from the Cotati
Chamber of Commerce for the use of La Plaza Park for a Farmers Market.
10. Authorize appropriation of funds not to
exceed $12,000 for upgrades and modifications to SCADA (Supervisory Control and
Date Acquisition) System.
Councilman Berkemeier pulled Item No. 6.
It was moved by Gilardi, seconded by Moore, to approve the Consent Calendar.
Yes: 5 No: 0
Item No. 6: Councilman Berkemeier asked if abatement program is once again to be handled by the City. City Manager Shaddox affirmed that is the case.
It was moved by Berkemeier, seconded by Gilardi, to approve Item No. 6 on the Consent Calendar.
Yes: 5 No: 0
At this point, the Special Meeting noticed
for this date was held from 8:22 p.m. to 8:31 p.m. See Special Meeting Minutes for this date.
The meeting was recessed at 8:31 p.m. and reconvened at 8:39 p.m.
REGULAR AGENDA
11. Adoption
of Resolution No. 03-12 Approving an Amendment to the Garbage and Rubbish
Agreement (April 2000) Between Waste Management, Inc. and the City of
Cotati (Asst. City Manager)
Assistant City Manager Dorch gave a staff report and responded to questions from Council. He noted that in return for more favorable terms of the contract, Waste Management is requesting a 10 year contract and dedication of the City’s AB 939 monies for purchase of the single stream bins.
Councilman Berkemeier spoke regarding the work of the subcommittee on this contract. He agreed that the City could hardly have beaten this contract by going out to bid. He acknowledged the work of the City commissions and the citizens of Cotati for their dedication to the recycling cause.
Mayor Kurvers said the subcommittee worked hard with the Waste Management people and negotiated some very good terms for the people of Cotati. She commended Waste Management for their efforts also.
Jim Landa, Waste Management, said Waste Management is excited about moving forward with the new contract. The weekly Yard Waste component will be beneficial, especially in the fall when there are a lot of leaves on the ground.
Marissa Miller, Public Education Coordinator, said there will also be a curbside oil recycling program which will help clean up wastewater. She cited favorable results from other cities that have begun the single-stream recycling program. She outlined the educational programs that will be held on an ongoing basis.
Councilwoman Moore asked if apartment dwellers can get recycling crates. Miller responded that tenants can now put everything into a paper bag and take it to the recycling bin.
In response to a comment by Councilman Berkemeier, Miller said that she and Linda Garth, a former employee, have gone to every business in Cotati and have educated all of them as to the services available.
George Barich, Cotati, said Council should audit the records of Waste Management to see if there may have been financial problems resulting in Waste Management owing the City money. Secondly, he said he still has not received information about recycling the small alkaline and NiCad batteries, and Council should obtain that information. He was told by Ken Foley of Waste Management to drop off such batteries at Standish Avenue, but that would not be practical for all the residents of Cotati. Thirdly, regarding Sunday’s waste pickup, the trucks filled up early and then turned away residents with full trucks of garbage. Waste Management owes the City an explanation for that, he stated.
Suzanne Whipple, 8709 Dorfman Drive, Cotati, reminded Council that Waste Management has been very helpful in providing waste and recycling bins for the Farmers Market. She noted that no members of the Community and Environment Commission are present tonight, and wondered why they have not been part of the negotiation process. She invited Waste Management to participate in the community fair the day the Farmers Market opens, and also Spring Earth Day, April 27, in Putnam Park. She offered to include inserts in the Chamber Newsletter regarding Waste Management recycling programs. She asked if single-stream recycling would be going to the parks and downtown Cotati. She said she would like to see Christmas tree curbside pickup.
John Rock, 35 Page
Street, said pickup of his garbage has been missed on two occasions just this
month and other times before that, and since his pickup is on Friday he has to
keep the garbage until Monday. He asked
if pickup could be made on Saturdays.
Assistant City Manager Dorch responded to the question regarding an audit. He reported that revenue received is right on target as to revenue that should have been received. He added that Cotati is presently recycling around 38% which is somewhat misleading because Cotati cannot be segregated out from the rest of the County. City Manager Shaddox added that single-stream recycling will probably make a difference in that number.
Public Education Coordinator Miller stated household batteries can be disposed of easily by businesses. Residents have the option of either taking their batteries to Standish Avenue or taking them to a business that recycles batteries.
At the request of Mayor Kurvers, Mr. Landa described use of the compressed natural gas vehicle for commercial businesses. Mayor Kurvers wondered if clean-up days correspond with spikes in donations to charitable organizations such as Salvation Army, Goodwill, etc.
In response to a question from Councilwoman Moore, Miller said for ongoing customers they can only exchange waste containers once a year. However, with the startup of a new program such as this, customers are given the opportunity to exchange bins to establish the size they need. Moore said people want more recycling of oil and grease and food waste. Miller responded oil and grease is handled by a service that may be hired. Food waste is composted with a particular permit at the refuse center; it is being done as a pilot program at this time.
Councilwoman Moore said her own survey of residents showed that most people are concerned about communication with, or from, Waste Management. She said she would like to see curbside Christmas tree pickup because it is often difficult for people to deal with the trees and they can become a fire hazard.
Ken Foley, Waste Management, said Christmas trees may can be left curbside in the waste containers, and there is also a drop-off at the fire station which is heavily utilized.
It was moved by Berkemeier, seconded by Orchard, to adopt Resolution No. 03-12 Approving an Amendment to the Garbage and Rubbish Agreement (April 2000) Between Waste Management, Inc. and the City of Cotati.
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 9:43 p.m. by Mayor/Chair Kurvers.
Roll Call
Council/Board Members present: Kurvers, Gilardi, Berkemeier, Moore, Orchard
Staff present: Shaddox, Dorch, Anna, Walter
Consent Calendar
Mayor/Chair Kurvers read the Consent Calendar title and asked if it should be pulled for discussion.
12. Approval
of Warrants and Audited Claims for the Period March 21 – April 2, 2003.
It was moved by Orchard, seconded by Moore, to approve the Consent Calendar.
Yes: 5 No: 0
Regular Agenda
13. Discussion
and Possible Action on City/Agency Budget.
City Manager/Executive Director Shaddox commented on items of interest regarding the Annual Budget and responded to questions from Council/Board. He said the draft budget will be issued to Council on April 24, with the first study session to be held on Wednesday, April 30.
Adjournment of
joint meeting; reconvening of regular meeting of City Council
The joint meeting was adjourned, and the regular City Council meeting reconvened, at 9:44 p.m.
CITY COUNCIL REPORTS AND COMMENTS
-- Brief
announcements and reports on Councilmember activities.
Councilmembers reported briefly on meetings they have attended recently.
City Attorney Walter reported that Council had met in closed session for the items posted on the agenda and took one action that requires reporting out. In response to an Associate Planner’s request for extended leave and a part-time position upon return, the Council asked the City Manager to provide an offer to this employee, consistent with past practice, involving a certain commitment to working on a part-time basis and an end date. The Council has authorized the City Manager to convey the proposal to the Associate Planner. The vote for this proposal was 5-0.
ADJOURNMENT
The meeting was adjourned at 10:03 p.m.
Respectfully submitted,
______________________________
Deputy City Clerk
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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 REAL PROPERTY NEGOTIATORS (California Government Code §54956.8)
Property: 101
and 175 W. Sierra Avenue (AP# 144- 250-007
and AP# 144-250-008)
Agency Negotiator: M. Dale Shaddox and Jeffrey A.
Walter
Negotiating parties: Jennie
Falletti, City of Cotati, and Sonoma County Agricultural Preservation and Open
Space District
Under negotiation: Price and terms of payment
PUBLIC EMPLOYMENT (California Government Code §54957)
Title:
Associate Planner
CONFERENCE
WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant
exposure to litigation pursuant to California Government Code §54956.9(b): One
potential case (to consider modifying
settlement agreement with former employee)