CITY OF
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 at
Assistant City Attorney Nebb stated that the City had
been served with a new lawsuit entitled “James Mitchell and the Coalition to Protect
Cotati’s Future vs. City of Cotati.” She
requested the City Council add a closed session to the agenda because it is
necessary for Council to take action on this item to authorize the City
Attorney to represent the City and named City employees in this action. She stated there was a hearing today and
there is a need for Council to take action immediately. This item arose after the regular agenda was
posted and needs to be acted upon immediately.
It was so moved by Berkemeier, seconded by
Yes: 5 No: 0
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 open session of
the City Council was called to order at
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
ROLL CALL
Councilmembers
present: Gilardi,
Staff present: Stubbings, Dorch, Woltering, Stewart, Hayes, Anna, Nebb, Bertolero, Penry
CLOSED SESSION ANNOUNCEMENT
Assistant City Attorney Nebb stated that Council
had met in closed session to consider the noticed matters. In addition, she said, the City Council did
add another closed session concerning a new lawsuit entitled “James Mitchell
and the Coalition to Protect Cotati’s Future vs. City of Cotati.” Council did, with regard to that item, by
unanimous vote, authorize the City Attorney to represent the City and named
City employees in that action. No action
was taken on other closed session items.
APPROVAL OF MINUTES AND NOTICE OF WAIVING READING
1. Regular
meeting of July 28, 2004.
-- Notice
of waiving the reading of all ordinances introduced and/or adopted under this
agenda
It was moved by Berkemeier, seconded by Moore, to approve the minutes of July 28, 2004 and to waive the reading of all ordinances introduced and/or adopted under this agenda.
Yes: 5 No: 0
ORAL AND WRITTEN COMMUNICATIONS
Announcements
-- Plan
to attend the 14th Annual Cotati Accordion Festival. Bring the whole family to La Plaza Park on
Saturday and Sunday, August 28 and 29, for two days of music, dancing and
family fun. Admission is $15 for one
day, $25 for both days, and children 15 and under are free!
Mayor Gilardi called attention to the announcement.
Correspondence and Presentations
2. Presentation
of Plaque by State Department of Alcoholic Beverage Control to Cotati Police
Department. (Michael Mann, Santa Rosa District Administrator, ABC)
Mr. Mann presented a plaque of appreciation to Chief Stewart and a special certificate of appreciation to Sergeant Houts for his outstanding work on the special project.
3. Chamber
of Commerce Quarterly Report. (Rich Lucchesi, Chamber Board President)
Board President
Lucchesi and Executive Director Suzanne Whipple presented the Quarterly Report
for the Period Ending
Liz Donahey, Member of the Chamber Board of Directors, spoke regarding efforts to increase attendance at the Farmers Market. In addition, she stated the Chamber has decided to participate in the Sonoma County Visitors Guide as a way of increasing tourist attraction to Cotati.
Commissions, Committees, Boards and Task Forces
4. Resignation
of John Graham from the Community and Environment Commission. (Assistant
City Manager)
Following a brief
report by Assistant City Manager Dorch, it was moved by
Yes: 5 No: 0
CITIZEN BUSINESS
Kim Kiernan, 65 Everett Road, Petaluma, member of Police Officers Association (POA), stated there is a crisis in the Cotati Police Department in that several officers have applied elsewhere and, in fact, some are in the background process in those applications. She asked Councilmembers to contact POA officers or herself to discuss the crisis.
Patricia Jonas Voulgaris, Cotati, said she heard New Yorkers are looking at moving out of the New York area and she suggested Cotati place an ad in a New York paper advertising Cotati as a good place to move to. She said many places overseas have a lot of tourist visitors, as does Chicago, and she suggested Cotati do more to attract tourists. She suggested the statue of Jim Boggio in the park be dressed in a variety of costumes. She said North Light Books is experiencing financial difficulties and suggested the City should consider lending them some financial aid; and there are other businesses that are struggling as well.
George Barich, Cotati, said he has been unaware that there is a crisis in the Police Department, but he applauds their coming tonight to ask for Council’s help and he wishes Council would consult the public as well. He said the Fire District is experiencing crises as well, and he asked Council to help address the problem.
Anne Wallace Rock,
Paul Foti,
James Kiernan,
Michele Berman,
Cotati resident, said she finds having edible landscaping is a wonderful way to
get the community together. She said the
pathway with zucchinis is perfectly walkable and she applauded Council for
enabling Cohousing to develop in Cotati.
She asked how
James Reilly,
representative from
Jason Yarnall, President of the Cotati Police Officers Association, invited Councilmembers to attend a POA meeting any time in the future in order to open a dialogue regarding how to solve some of the present problems. He noted that the next meeting will be held on September 10 at 4 p.m. in the Police Department Community Room.
At the request of the Mayor, Assistant City Attorney Nebb stated that the South Sonoma Business Park project does have a grading permit. She added that the court was asked today to stay that permit but the court denied that request; there was insufficient evidence to show that the City had violated any laws. There has been no order to stop that grading permit, she said.
COUNCILMEMBER DIRECTION ON FUTURE AGENDA
ITEMS
Councilmember Berkemeier asked that the City Manager, Police Chief and a subcommittee meet to discuss the employee retention problem in the Police Department. The Mayor directed that that item be brought back for discussion on the next regular agenda.
Vice Mayor Moore commented it is disheartening that the City has put a lot of money into training Police Officers only to lose those employees to higher paying communities.
Councilmember Berkemeier commented that Arbor Creek has a few different fruits in the landscaping at that complex, where it has worked very well.
CONSENT CALENDAR
City Manager Stubbings stated that the three
items calendared as Consent items are actually discussion items and will be
heard as regular agenda items.
Councilmember
Berkemeier stated he would abstain from consideration of Item No. 5 because of
a conflict of interest: he owns property
on
5. Addition
of Stop Signs in Benson/Loretto Neighborhoods
Frank Penry, Transportation Engineer with
Winzler and Kelly, gave a report and recommended that stop signs not be used
for speed control. He cited nationally
recognized guidelines as the source for that recommendation.
Mark Firestone, 8483 Loretto Avenue, said his
neighborhood never wanted stop signs as they do not do any good. The main problem is volume of traffic, he
said. He said both volume and speed of
vehicles were favorably affected by the previous median and u-turn. He said he would not object to the
installation of stop signs, but thinks Council made a wrong decision in
removing the u-turn and median. He asked
that someone make an attempt to get the Park Meadows neighborhood and his
neighborhood together to come up with some compromise solution to address the
situation. He said the turn is now more
dangerous than it was with the u-turn.
He added that many people objected to the median based on its
appearance, and he said Council should have pointed out that was a temporary
installation and a permanent one would not look like that.
Ken Coleman, 8467 Loretto Avenue, said that
perhaps the design was poor and could have been safer, but the City wasted
$10,000 in putting it in and then taking it out. He said he is looking for reduction in
traffic on Benson and Loretto and an increase in safety for children crossing
the street. People ignore stop signs, he
said, so they would be useless.
Tim Foley, Loretto Avenue, said it would be
futile for him to speak.
George Barich, Cotati, said he has been
watching this issue unfold with special interest because increased traffic will
undoubtedly come to his neighborhood in the future. He said City government has gone about this
all wrong; the real experts are the people in the audience. The streets invite people to drive fast, he
stated, and some streets should be made annoying to drive down to discourage
speed and volume. He named several ways
in which this could be done.
Michele Berman, Cotati, said she approved Mr.
Firestone’s suggestion for community dialogue, and Mr. Barich’s suggestion for
finding a way to develop solutions. She
asked Council to help bring citizens together to find solutions.
Patty Minnis, 8150 Olaf Street, said she
lived on Lincoln Avenue for several years and found that late-night weekend
drivers often used that street to avoid possible police interaction on the main
thoroughfares. She recommended closing
Benson Lane at the bridge, since that is what the residents want. She said she did not see a problem for
residents of other neighborhoods getting where they wanted to go.
Mayor Gilardi commented that many traffic
calming devices actually increase traffic noise.
Councilmember Kurvers said she agrees with
Mr. Barich that the goal is to make the route undesirable, but she agrees with
Mayor Gilardi that cobblestones are not so desirable. She expressed concern that there is
contention between two neighborhoods and stated the problem is really about
population growth as a whole and a shift should be made away from personal
attacks and toward solution building.
Vice Mayor Moore said she appreciates the
data provided by Mr. Penry regarding use of stop signs and she wondered why the
guidelines were not used previously. She
said she travels Loretto and Benson in her car and by bicycle and encounters
drivers who do not respect stop signs and crosswalks. She said she does not know what the answers
are.
Councilmember Orchard said there will be more
conversation on broader solutions later in the agenda. In response to her question, Penry addressed
use of stop signs as a way of discouraging people from one area. He said there are possibly other ways to
achieve the desired objective which will be discussed along the way. Vice Mayor Moore added that she finds it is
the residents who ignore the stop signs.
Mayor Gilardi stated she has seen drivers
actually speed up to drive through the stop sign on Cypress, and has also seen
drivers stop, then start up again at a high speed to make a lot of noise.
City Manager Stubbings noted that this staff
report is intended to address only the question of a stop sign at
Benson/Loretto and Park/Benson, not address the larger traffic issues in the
City.
It was moved by Kurvers, seconded by Orchard,
to accept staff’s conclusion that stop signs are not warranted at the
intersections of Park/Benson and Loretto/Benson.
Yes:
4 No: 0 Abstain: 1 (Berkemeier)
Councilmember Berkemeier returned to the dais
at
6. Approval
of Neighborhood Traffic Calming Program and Appropriation of Funds in the
Amount of $10,000 from the General Fund.
City Member Stubbings gave a brief staff
report, which was followed by an overview of a proposed Neighborhood Traffic
Calming Program given by Transportation Engineer Penry.
City Manager Stubbings noted that staff
recommends Council approve an appropriation of $10,000 for implementation of
the program, if the funding is needed.
Ken Coleman,
Neil Hancock, Cotati, said this is a
difficult issue which affects many communities.
He said the addition of speed bumps in the south of
Patty Minnis, Cotati, said the bridge to L
section should be closed because that is what the people there want. She said enough money has been spent on
traffic studies. Put up a gate for $500,
she said, since that is what the people want.
Mark Firestone, Loretto, said this has been
an issue for five years, and there is a core group still very interested in the
issue. Nobody in his neighborhood wants
speed bumps, he said. They were tested
on Benson Lane and the residents said the noise was intolerable, he stated, and
he asked that non-residents not attempt to force speed bumps on the
neighborhood. He said the median was
never intended to keep local residents from using the local streets but to
discourage
Anne Wallace Rock,
Tim Foley, 8473 Loretto, said it is not the
residents of Loretto, Lincoln and Benson that are the problem but non-residents
cutting through. He said Mr. Penry’s
report does not seem to recommend anything new – citizens have been involved in
the past and have made traffic calming suggestions but they have fallen on deaf
ears. The solution that was temporarily
instituted worked well, he stated, but it was taken away for reasons he does
not understand. He said re-education of
drivers has not happened and he wonders when it will happen. He said closure of Benson, or a one-way
street there, would be a feasible solution, and he would like to see the money
that has been wasted put to good use for a change.
George Barich said we have failed, as Mr.
Foley stated. He said hiring the traffic
engineer is a little presumptuous, and that the citizens should come together
first to talk about solutions. He said
there are no magic wands, and he disagrees that people who do not live in a
particular neighborhood should have no say about traffic calming measures; he
thinks it is a city-wide issue. No
measures should be taken off the table for discussion, he stated, and in that
way solutions can be developed. He
offered to help if he can.
John Rock, 35 Page Street, said he thinks
this program will benefit the whole city, but he wants to make sure everything
that is looked at is considered in terms of the whole city, not just a
portion.
Mayor Gilardi clarified that the $10,000
appropriation would be for installation of traffic calming devices, and is not
for paying consultants.
Councilmember Kurvers agreed and added that
the program is a working document and many other possibilities for traffic
calming can be considered.
Vice Mayor Moore said she likes the idea that
all the neighbors will be involved prior to installation of any measures, and
she likes that staff will be running the meetings. She said she likes the comments about
Walkable Cotati and would even like the consultant to return to look at how the
program has worked or not worked. She
said she would like particular neighborhoods defined more clearly. She said she found some of the percentages
utilized in the report to be somewhat distracting and recommended streamlining
some of the language for the lay reader.
Councilmember Berkemeier said he is happy
that this analysis has come forward and is the sort of report he has been
waiting for, and he thanked staff for it.
Councilmember Orchard asked how the program
will be implemented. City Manager
Stubbings responded that staff will develop an implementation process and
emphasized that it is a citizen-driven program.
Orchard continued that it is essential that the city have this sort of
strategic approach, and she said she wants the City to have a pro-active
approach so all the citizens will be well aware of it. She commented that in order to implement any
sort of traffic measures it is necessary to have studies made; there is no way
around that.
It was moved by Orchard, seconded by
Berkemeier to approve the Cotati Neighborhood Traffic Calming Program and
direct staff to proceed with implementation of the program including the
formulation of the Traffic Review Committee.
Yes:
5 No: 0
The meeting was recessed at
7. Additional
Traffic Calming Measures in Lieu of
Transportation
Engineer Penry reviewed the measures implemented at
In response to a question from Councilmember Berkemeier, City Engineer Bertolero detailed the components of the median installation, which will include landscaping and raised crosswalk crossing Myrtle at Old Redwood Highway.
Vice Mayor Moore asked that the crosswalk across Park Avenue be repainted because it carries a significant amount of traffic, especially school children.
Tim Foley,
George Barich, Cotati, said he understands there may be a tree in the installation. He recommended Council consider how the roots of the tree might affect the installation, and said also that low shrubs may be more safe for visibility than a tree at that location.
Mark Firestone,
Ken Coleman, 8467 Loretto, agreed this measure should be installed. If it does not solve the problem, he said, at least the landscaping will be attractive.
Mayor Gilardi commented that appropriate trees in such a situation as this can definitely have a positive effect in that they tend to slow traffic. Councilmember Berkemeier said that a tree such as a crepe myrtle would be an appropriate type of tree for this location.
Vice Mayor Moore
noted that the median installation at E. Cotati and
Following Council
discussion, it was moved by Berkemeier, seconded by
Yes: 5 No: 0
REGULAR AGENDA
8. Amended
Agreement for Professional Services—City Manager and Additional Appropriation
in the Amount of $17,530. (City Attorney)
George Barich said he hopes there will be a party to help the City Manager enjoy her pay increase.
James Kiernan, Everett Road, Petaluma, said as a budget analyst he sees the rationale of having a salary in line with other salaries in the County for this position, and Council can expect to hear the same sort of rationale voiced relative to other salaries within City service. He made recommendations regarding the granting of administrative leave to the City Manager.
It was moved by Berkemeier, seconded by Orchard, to approve the Amended Agreement for Professional Services – City Manager and to approve an additional appropriation in the amount of $17,530, funded with $3,506 from each of the following: General Fund, Water Operating Fund, Sewer Operating Fund, Community Redevelopment Agency Operating Fund, and the Community Redevelopment Agency Low to Moderate Income Housing Fund.
Yes: 5 No: 0
9. Introduction
of Ordinance No. 763, Establishing Park Use Hours for All City Parks with the
Exception of La Plaza Park. (Assistant City Manager)
Assistant City Manager Dorch gave a staff report and responded to questions from Council.
Anne Wallace Rock, 35 Page Street, asked if she could still utilize Delano Park to traverse neighborhoods late at night.
George Barich said he hopes parks are available to young people at night, as he utilized parks as a young person. In addition, he said, a person on a bicycle, perhaps resting in the park, could be susceptible to his ordinance.
In response to a request from the Mayor, City Manager Stubbings stated that the ordinance would be a tool, not a reason to prevent everyone to reasonably utilize the park areas.
Assistant City Attorney Nebb clarified that ordinances such as this one are generally complaint driven; that police would generally only cite a person using a park if a citizen complains.
Following discussion, Council consensus was to direct staff to bring back the subject of appointment of a subcommittee to study desirable hours of closure for individual parks within the City.
10. Approval
of the Station to Station Walk/Run Event for
Assistant City Manager Dorch gave a staff report and responded to questions from Council.
Joel Patino,
citizen of Cotati, said his intention is to have the September 11 date a time
to recognize and honor fire fighters and police officers. He said there is a lot of community support
and media coverage for the proposed event.
There are issues to be resolved, he said, but City staff is working to
help resolve them. He asked Council to
waive any fees that might be associated with the event. Regarding insurance coverage, he said Area 40
fire district is providing insurance for the City of
John Rock, 35 Page Street, asked what costs would be incurred for police and other City workers.
Mr. Patino said Assemblywoman Lynn Woolsey will be present at the event and he invited Councilmembers to be present and perhaps speak.
It was moved by Kurvers,
seconded by Orchard, to approve the Station to Station Walk/Run Event for
Yes: 5 No: 0
11. Authorizing City Councilmembers and/or
Others to Write the Ballot Argument Against and Rebuttal to the Initiative to
Restrict Retail Business Uses in Cotati.
(City Manager)
There was no public comment.
Following Council discussion, it was moved by Moore, seconded by Berkemeier, to authorize Mayor Gilardi and Councilmember Kurvers to write and sign the ballot argument against the Initiative to Restrict Retail Business Uses in Cotati.
Yes: 5 No: 0
12. Award
of Contract to Carr’s Construction Service in the Amount of $487,750.00 for the
Community Center Buildings Improvement Project
(
George Barich said he doubts that any contractor who is “too busy” would bid high on this sort of project. He said he would expect a hopeful contractor would come before Council to pitch their bid, and he said he would like to know more about the low bidding contractor before awarding the bid.
At the request of the Mayor, Assistant City Attorney Nebb described briefly how the public contracts law operates, noting a public agency must assign the project to the lowest responsible bidder unless the bidder can be declared non-responsible.
It was moved by Berkemeier,
seconded by
Yes: 5 No: 0
13. City
Council Award of Contract to Ghilotti Construction, the Second Lowest
Responsible Bidder, for the Amount of $63,993.25 for the ADA Accessibility
Improvements for Parks and Intersections Project. (Assistant
City Manager)
Assistant City Manager Dorch gave a staff report and responded to questions from Council.
There was no public comment.
It was moved by Berkemeier, seconded by Kurvers, to award a contract to Ghilotti Construction, the Second Lowest Responsible Bidder, for the Amount of $63,993.25 for the ADA Accessibility Improvements for Parks and Intersections Project.
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 11:14 p.m. by Mayor/Chair Gilardi.
Roll Call
Council/Board
Members present: Gilardi,
Staff present: Stubbings, Dorch, Hayes, Anna, Nebb
Consent Calendar
14. Approval
of Warrants and Audited Claims for July 22nd – August 4, 2004.
It was moved by
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
Respectfully submitted,
_______________________________
Deputy City Clerk
* * *
PURSUANT TO
CONFERENCE
WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Section 54956.9)
Name
of case: Berman vs. City of Cotati et al.
Name of case: Lowe’s HIW
vs. Lewis et al.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957)
Title: City Manager