CITY OF COTATI
November 25, 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 that
Council would meet in closed session for the reasons indicated below.
RECONVENE TO OPEN SESSION
The meeting was called to order at 7:04 p.m. by Mayor Kurvers.
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
ROLL CALL
Councilmembers
present: Kurvers, Gilardi, Berkemeier,
Staff present: Stubbings, Dorch, Hayes, Stewart, Anna, Nebb
CLOSED SESSION ANNOUNCEMENT
At the request of Mayor Kurvers, Assistant City Attorney Nebb reported on the closed session. On the matter of Ghilotti v. City of Cotati, the City Council voted to authorize the City Attorney’s office to defend the City in that litigation. There was no action to report on the other closed session matter.
APPROVAL OF MINUTES AND NOTICE OF WAIVING READING
1.
Special meeting of November 5, 2003
2. Regular meeting of November 12, 2003
-- Notice of waiving the reading of all
ordinances introduced and/or adopted under this agenda
It was moved by Berkemeier, seconded by Gilardi, to approve the minutes of November 5, 2003.
Yes: 5 No: 0
Regarding the
minutes of
It was moved by Berkemeier, seconded by Gilardi, to approve the minutes of November 12, 2003, amended as requested by Mr. Barich, and to waive the reading of all ordinances introduced and/or adopted under this agenda.
Yes: 5 No: 0
DECLARATION OF RESULTS OF CONSOLIDATED ELECTION OF NOVEMBER 4, 2003
3. Declaration of Results of
Consolidated Election of November 4, 2003
·
Receive
and File Official Statement of Votes Cast for the November 4, 2003 Consolidated
Election.
·
Adoption
of Resolution No. 03-74 Declaring the Results of the Consolidated Election of
November 4, 2003.
There was no public comment.
It was moved by Moore, seconded by Berkemeier, to receive and file the Official Statement of Votes Cast for the November 4, 2003 Consolidated Election.
Yes: 5 No: 0
It was moved by
Yes: 5 No: 0
ORAL AND WRITTEN COMMUNICATIONS
Announcements
-- The
Holiday Tree Lighting event will take place on Wednesday, December 3 at 6:00
p.m. in La Plaza Park. Following
caroling in the park, festivities will continue at the Fire Station where Santa
will make an appearance. There will be
punch, cookies and holiday craft-making for the kids.
-- This
is a reminder that there will be only one regular City Council meeting in
December – on Wednesday, December 10.
City offices will be closed for the end-of-year holidays beginning
Friday, December 19. City offices will
reopen on Monday, January 5.
Mayor Kurvers read the announcements.
Report by Honorary Mayor
4. Bret
Hennessy-Price,
Honorary Mayor Hennessy-Price introduced himself and his parents and reported on a survey he has conducted among young people and adults. He reported the adults he surveyed had no complaints about Cotati. His peers requested a skate park and a park for bicycles. He said that he would like to see an after-school facility for young people - one which would be close to school, with juices and sodas available. He responded to questions from Council, and Mayor Kurvers thanked him for his presentation and presented him with a certificate of appreciation.
Reception for
Terry L. Stubbings, Cotati’s New City Manager
Mayor Kurvers introduced and welcomed City Manager Terry L. Stubbings. The meeting was recessed at 7:20 p.m. for a brief reception for her.
Correspondence and Presentations
The meeting was reconvened at 7:40 p.m.
5. Community and Environment Commission
Presentation Regarding Annual Work Plan and Accomplishments. (Commissioner
Linda Christopher)
Commissioner Christopher discussed the Commission’s Annual Work Plan and accomplishments of the past year. She introduced Wade Balew, who is active in creek restoration projects.
Mr. Balew reported on creek restoration activities and responded to questions from Council. Commissioner Bill Swearingen reported on plans for the tree lighting event to be held Wednesday, December 3.
There was no public comment.
6. Presentation of Chamber of Commerce Quarterly Report for
Quarter Ending September 30, 2003; receive and file Quarterly Reports for
Quarters Ending March 31 and June 30, 2003.
(Chamber President and Executive
Director)
Chamber Member Moore presented the Quarterly Report for the Quarter Ending September 30, 2003. Mayor Kurvers commented that the Chamber has been doing a lot of work and is in better financial condition than previously. Councilmember Moore said the farmers’ market is one of her favorites, and she thanked those who help make it happen. Mayor Kurvers asked if another day had been considered for the Farmers Market. Executive Director Whipple said the vendors had been polled and they responded that they are not available on weekends and that Thursday night works well for them. Councilwoman Moore encouraged people to offer to help on the Chamber of Commerce Board of Directors.
George Barich, West Cotati, said Council had directed the Chamber of Commerce to report periodically on ways in which it could become independent from funds from the City. He said the Chamber should epitomize everything positive about free enterprise, and he sees nothing in the Quarterly Reports about attempts to become privately funded. He repeated his request that the Chamber attempt to do so.
John Moore, Chamber Member, said every chamber of commerce in the County of Sonoma receives financial assistance for staff from the community it serves. Although the Chamber would love to be independent, it is not now a viable possibility. He stated that Mr. Barich and his video business are not a member of the Chamber of Commerce.
Mayor Kurvers said she feels the Chamber did admirable work in putting Measure B on the ballot and doing the work it took to help get it passed.
Following a brief discussion, it was Council consensus to receive and file the three Quarterly Reports.
CITIZEN BUSINESS
None.
COUNCILMEMBER DIRECTION ON FUTURE AGENDA
ITEMS
None.
REGULAR AGENDA
7. Adoption
of Resolution No. 03-66 Accepting the Matricula Consular de Alta Seguridad
(MCAS)—Mexican Consular ID Cards. (Police Chief)
Police Chief Stewart commented on the Matricula Consular de Alta Seguridad (MCAS) program and responded to questions from Council.
George Ortiz, Chair of the Western Alliance of Farmworker Advocates (WAFA), and Nathan Acuna and Irma Cordova of the California Human Development Corporation provided additional information regarding the identification cards and requested Council endorsement of the program in the City of Cotati.
George Barich, West Cotati, said that the identification card will give illegal aliens an identity; they know who they are. He listed several ways in which illegal aliens serve to decrease the quality of life in this country by their presence. Approval of this resolution, he said, would open the doors to requests for identification cards from illegal aliens from many other countries and would be a slap in the face to everyone who has worked to come to this country legally. It would set a bad precedent in this community to approve this identification card and thereby condone illegal immigration.
Kay Lopez,
Jenny Blaker, Arthur Street, said she agrees with the previous speaker and was appalled by the comments of Mr. Barich. She said when she first came to this country she was shocked at the two-tiered system here. She said the agricultural workers produce our food, and there is a very unequal situation – she does not see other workers lining up for the farm jobs.
Paul Foti, 7883 Old Redwood Highway, said there are many fine people among the Mexican, Chinese and Black populations, and he has worked and relaxed side by side with them during his lifetime. He said illegal aliens cost our society a lot of money. He said the important words in this conversation are “illegal aliens” and that should be remembered. Those people should become legal.
Neil Hancock, Arthur Street, said he has been through the paperwork mill in a number of countries, and he encouraged compassion in helping bring people out into the light. It helps prevent abuse if they have identification.
Councilmember Berkemeier said he would approve of this resolution. Councilmember Orchard said this topic brings up larger immigration issues, but this is a question of whether people who are living and working here should have some form of identification. She does not see why they should not, especially since it would help law enforcement in identifying them. She does not believe there is any public benefit at all in having a population that lives and works here and does not have a valid identification. Councilmember Gilardi said it is important that it be acknowledged that the card does not confer legal status but assists in opening bank accounts and provides identification for law enforcement. Councilmember Moore said identification does take people out of shadowy places, gives them some respect in the community and that is important. Mayor Kurvers said she appreciates all that has been said tonight on this topic.
It was moved by Berkemeier, seconded by Orchard, to adopt Resolution No. 03-66 Accepting the Matricula Consular de Alta Seguridad (MCAS) Mexican Consular Identification Cards.
Yes: 5 No: 0
The meeting was recessed at 8:59 p.m. and reconvened at 9:10 p.m.
8. Move to approve project for renovations
of the
Assistant City Manager Dorch reviewed the proposed renovation options and electrical undergrounding and responded to questions from Council.
City Manager Stubbings presented some recommendations regarding color recommendations for City Hall. She also briefly described some architectural accents that could be incorporated into the City Hall exterior to help tie it visually to the new police facility.
Councilmember Berkemeier commented he would like consideration given to providing space in the former police facility for a museum for historical items owned by the Drapers.
George Barich said this is a perfect example of government gone wild. He urged Council to proceed with caution, making only emergency repairs to City Hall, those needed to keep the building intact. He said City Hall does not need to match the police facility – a skate park could be provided with these monies, as well as improvements to the recreational facilities.
At the request of the Mayor, Assistant City Manager Dorch clarified that funds from the City’s REFA (Redwood Empire Financing Authority) account can only be spent on the City Hall facility.
Mayor Kurvers said she appreciated the City Manager’s comments and suggestions; Vice Mayor Gilardi agreed. Councilwoman Moore added that through the years repairs have been made in a patchwork fashion and she would like to see thorough work done that would last many years. Councilmember Berkemeier remarked that foundation and earthquake work has been done to upgrade City Hall with REFA monies in the past.
Council consensus was to approve Option 1A: (1) Demolition and installation of weep screed at foundation plate line in area of the building where the foundation abuts landscaping, (2) Power wash, (3) Two color 100% acrylic polymer dash coat over existing surfaces (includes all patching and repairs), (4) Scaffolding included.
Paul Foti, 7883 Old Redwood Highway, said a museum already exists in Cotati, and they have money and would be willing to pay if they could share in the space in City Hall. He said their artifacts include some Indian artifacts, and they have had displays in Petaluma and Rohnert Park recently.
It was moved by Moore, seconded by Berkemeier, to approve renovations to City Hall as described in Option 1A above; to approve colors and architectural treatments as recommended by staff and to approve undergrounding of electrical service to City Hall.
Yes: 5 No: 0
9. Direct staff to advertise for
interested citizens to serve as Cotati liaison to Rohnert Park/Cotati Library
Board (Mayor Kurvers)
Mayor Kurvers discussed the requested appointment to the Rohnert Park/Cotati Library Board.
There was no public comment.
Following brief discussion, Council consensus was to direct staff to advertise for interested citizens to serve as the Cotati liaison to Rohnert Park/Cotati Library Board.
JOINT MEETING OF CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD OF DIRECTORS
Call to Order
The joint meeting was called to order at 9:50 p.m.
Roll Call
Councilmembers
present: Kurvers, Gilardi, Berkemeier,
Staff present: Stubbings, Dorch, Hayes, Stewart, Anna, Nebb
Consent Calendar
Mayor Kurvers read the Consent Calendar titles and asked if any should be pulled for discussion.
10. Approval
of Warrants and Audited Claims for the Period November 6-19, 2003.
11. Adoption of Resolution No. 03-87 and
CRA-172, Superseding Resolutions 02-103 and CRA-163, Authorizing Investment in
the Local Agency Investment Fund.
12. Adoption of Resolution No. 03-88 and
CRA-173 Designating Signatures for Orders for Payment of Monies Drawn Against
the City of Cotati and the Cotati Community Redevelopment Agency on Existing
Accounts at Exchange Bank, RBC Dain Rauscher, Sonoma County Investment Trust
Fund, and California State Local Agency Investment Fund; Adoption of Resolution
No. 03-86 and CRA-171 Designating Signatures for Wire Transfer Services with
Exchange Bank.
13. Adoption of Resolution No. 03-89 and
CRA-174 Designating Signatures for Access to Safe Deposit Box at Exchange Bank.
Item pulled: No. 10 (Orchard)
It was moved by Berkemeier, seconded by Gilardi, to approve Items No. 11-13 on the Consent Calendar.
Yes: 5 No: 0
Item No. 10: Councilmember Orchard asked for further information regarding the sewage overflow. Staff was requested to investigate the matter and report back.
Councilmember Moore asked about “Community Event Sign” on the same page. Assistant City Manager Dorch responded that it is a sign that indicates the City of Cotati is sponsoring a particular event.
It was moved by Orchard, seconded by Berkemeier, to approve Item No. 10.
Yes: 5 No: 0
Adjournment of
joint meeting; reconvening of regular meeting of City Council
The joint meeting was adjourned, and the regular meeting of the City Council reconvened, at 9:55 p.m.
At this point, Mayor Kurvers called the Special Meeting to order.
The Regular Meeting was reconvened at 10:09 p.m.
City Attorney Nebb requested that Council approve scheduling meetings in December in addition to the regular meeting on December 10 for the purpose of considering the South Sonoma Business Park project. She proposed Tuesday, December 9 for the primary meeting and public hearing on the project and Wednesday, December 17 to provide for the second reading and adoption of the ordinance.
Council consensus was to schedule the meetings for Tuesday, December 9, Wednesday, December 10, and Monday, December 15. Staff was directed to provide notice of the meetings on the downtown bulletin board.
George Barich urged Council to set some of these meetings for January to accommodate citizens who have holiday plans away from the City.
Assistant City Attorney Nebb commented that she has requested Planning staff to re-notice everyone with new notices of meetings.
CITY COUNCIL REPORTS AND COMMENTS
-- Brief announcements and reports on Councilmember activities.
Councilmembers reported on meetings they have attended recently.
Councilmember Berkemeier asked staff to look at striping needs in the parking area at the rear of City Hall.
ADJOURNMENT
The meeting was adjourned at 10:26 p.m. to 7:00 p.m. on Tuesday, December 9, 2003.
___________________________
Deputy City Clerk
***
PURSUANT TO
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(a))
Name of case: Ghilotti
Brothers, Inc. v. City of Cotati
CONFERENCE
WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant
exposure to litigation pursuant to California Government Code §54956.9(b): One
potential case