The meeting was called to order at 6:00 p.m. by Mayor Berkemeier.

• Discussion of topics of mutual interest

Councilmembers and Commissioners discussed a variety of topics.

The meeting was adjourned at 6:55 p.m.

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

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

Staff present: Shaddox, Dorch, Hayes, Stewart, Anna, Walter

It was moved by Gilardi, seconded by Orchard, to approve the minutes of September 26, 2001 and to waive the reading of all ordinances introduced and/or adopted under this agenda.

Yes: 5 No: 0

Mayor Berkemeier called attention to the announcements.

Gabriel Sakakeeny, Music Director of the Cotati Philharmonic Orchestra, provided additional information about the November concerts and described plans for a concerto competition in the future. He requested volunteer help for the growing Orchestra.

Honorary Mayor Hightower introduced herself and spoke regarding her personal and school activities. She responded to questions from Council. Mayor Berkemeier thanked her for her presentation.

Council unanimously approved the Proclamation, and Mayor Berkemeier requested staff to mail the Proclamation to Mr. Robert Abramson.

George Barich, 176 W. Cotati Oaks Court, commented that we are living in interesting times. He said it is a time for Cotati to show that it is tough and resilient, and he asked Council and staff what measures the City is willing to take in light of recent tragedies. He recommended the City suspend all vacations of City employees until further notice; convene emergency meetings every other Wednesday to address issues such as emergency preparedness, coordination of volunteers, fundraisers for community events, water and energy conservation measures, and reevaluation of the multi-use room and its uses, considering retrofitting it for emergency uses. He said the Police Chief should attend the meetings and coordinate local efforts toward that task. He would like some thought given to the possibility that Old Redwood Highway could be used as an emergency route through the County in the event Highway 101 is jeopardized or closed. He asked that the bond issuance be put on hold for the present.

Bill Pisenti, resident of Bennett Valley, President of Redwood Empire TRIM (Tax Reform Immediately), explained the mission of his organization. He pointed out several documents he had distributed to Council, including a resolution opposing flying the United Nations flag, a letter explaining the position of TRIM opposing parcel taxes, and an article regarding the federal deficit. He urged Council and audience members to contact him if they have any questions on those materials.

In response to Mr. Barich’s remarks, Councilwoman Kurvers requested confirmation from staff that the Police Department has an emergency plan in place. City Manager Shaddox confirmed that the City does have a plan, as does the County.

Assistant City Manager Dorch gave a staff report and responded to questions from Council.

Anne Risk, Petaluma, representing Orion Homes, described the proposed project and requested Council approval of the resolutions before them with modifications to the proposed Cypress Hill Drive. She asked for clarification of the term, "street reconstruction" in Condition 24.b.(iii). She said she recalled Planning Commission Chair Lisa Moore indicating that the Planning Commission did not support full reconstruction of Cypress Avenue but simply wanted to see pothole cleanup and slurry seal. She said this is an important issue for two reasons: one-half of Cypress Avenue is a County road and therefore any major work would need County involvement. More importantly, full road reconstruction would make this project economically infeasible. The developers are agreeable to repairing potholes and slurry sealing, she stated, and they respectfully request that this condition be modified accordingly. She asked for the opportunity to respond to public comment.

Patricia Waters, 8844 Cypress Avenue, read a letter from Connie Coleman, asking for more space between the driveway on Ms. Coleman's property and the new road. They don’t want the road going through to Old Redwood Highway, as they believe that would encourage further development.

Susan Frank, owner, with her husband, of 8890 Cypress, said their property would be surrounded by the proposed project. She said she and her husband have spent the past year talking to their neighbors, and they request that Council act to preserve the rural atmosphere. Regarding the eucalyptus trees along Cypress - the arborist they retained said the trees can be trimmed and thinned and would provide a beautiful and safe atmosphere along the road. They have some safety concerns along Cypress, and they observe that during the day Cypress is a quiet country road. Regarding the proposed Cypress Hill Drive, she said its location along a ridge and would have a negative effect on the area. She asked that the road be reevaluated. At her request, Condition No. 23 was clarified by Assistant City Manager Dorch. She said the 60’ right of way will take away portions of her property that are important to the country setting.

Prue Draper, 718 W. School Street, discussed several issues: She said there are only a few places in Cotati that have a rural lifestyle, including where she lives, and she urged Council to do anything they can to retain the rural atmospheres where they exist. She questioned the 60’ right of way, saying it might be time to look at whether such a large right of way is really what is needed. Thirdly, she pointed out that the new street should be named following the City’s street naming policy rather than calling it Cypress Hill Drive. Dorch commented that Condition No. 11 provides that the street shall be named by existing City protocol.

Mark Lee, 8927 Clothier Lane, whose property backs up to the proposed project. He said the lot line between Lots 5 and 6 would come into the middle of his back yard. He said his property has always had drainage problems, but it appears the new project will provide drainage and will actually solve his problem. He asked for particular attention to be paid to that aspect of the project.

Following Council discussion, it was moved by Fox, seconded by Gilardi, to adopt Resolution

No. 01-97 Approving a Mitigated Negative Declaration and Mitigation Monitoring Program for an

8-Lot Single Family Residential Subdivision on 9.67 Acres Located at 8866, 8888 and 8910 Cypress Avenue.

Yes: 5 No: 0

It was moved by Fox, seconded by Gilardi, to adopt Resolution No. 01-98 Approving a Tentative Map for an 8-Lot Single Family Residential Subdivision on 9.67 Acres Located 8866, 8888 and 8910 Cypress Avenue, with Condition No. 24.b.(iii) amended to include language to define road reconstruction as: road maintenance up to and including a 1/10 overlay of the street if necessary; but if the City Engineer determines that something less is acceptable, then that would be the final decision; and that could include patching and slurry seal, patching, or saw cutting and replacement of certain sections, all with a slurry seal as the final result; a higher level of work would be an asphalt overlay.

Councilman Fox stated his motion would include the City Manager's recommended amendment to Condition No. 24.b.(iii).

City Attorney Walter recommended the original motion be left as is, with separate amendments to the motion voted upon individually.

Councilwoman Kurvers moved to amend the original motion to include analysis of the eucalyptus trees on the City right of way of Lot 8 and possible consideration of replacing those trees with oak trees or another species safer than eucalyptus trees in the future, with a City-approved arborist as consultant, at the developer's expense.

City Attorney Walter summarized the amendment: There would be an analysis of the grove of trees on private property and off, and that would determine whether or not, according to an arborist selected by the City and paid for by the developer, the trees are safe. If they are not safe in their current condition and they can be made safe by trimming, then the developer would have to pay to have them trimmed; and if they are not safe and cannot be made safe by trimming but can only be made safe by removal, then the developer must remove them and must replant according to the arborist's recommendations, again at the developer's cost.

Councilwoman Kurvers agreed that was her motion for amendment. Vice Mayor Orchard seconded the motion for amendment.

Mayor Berkemeier stated that one-time trimming will not solve the problem; that there will definitely be problems in years to come and the City will remain liable for the problems. He maintained that the City should not take on the financial burden that the trees will present. He noted the City Attorney has suggested that the developer produce a cash bond or letter of credit.

City Attorney Walter elaborated that a cash bond would be most desirable; it would stay with the City during a period of time, earning interest, and if needed it would be used for trimming of trees, and the whole grove would be considered as one piece.

Councilman Fox pointed out that if the development is not built, the City still has responsibility for the trees, as it presently does. He said he thinks the City should share the cost and responsibility with the developer.

Mayor Berkemeier said he would be amenable to provision for the City to share the cost of maintaining the eucalyptus trees.

Councilwoman Kurvers summarized the amendment to the amending motion: If an arborist, selected by the City and paid for by the developer, determines that the trees should be removed, the City will share, fifty-fifty, in the cost of removal and replacement of the trees.

Following discussion, Orchard and Kurvers rescinded amendment motion and second.

City Attorney Walter suggested some language for a motion to amend the main motion: A Condition will be inserted to replace the existing one dealing with the eucalyptus grove that would read as follows: The Developer shall remove the eucalyptus trees and the removal shall be at the developer's sole cost. The replanting of the new trees shall be subject to the approval of the Planning Department in terms of size, location and nature of the trees; and the cost of replanting shall be split 50/50 between the City and the developer. As part of the tree removal and replanting process, the City shall, through the developer assure that the drainage conditions of the road and its adjacent drainage swale shall not be worsened but improved to the extent reasonably possible.

City Manager Shaddox recommended that Council set the replacement ratio for the trees now to avoid conflict in the future, and he recommended a 1:1 ratio. Councilwoman Kurvers so moved, and the motion failed for lack of a second.

It was moved by Orchard, seconded by Gilardi, to amend the main motion to keep the eucalyptus trees for the time being, with the City to share in the maintenance or removal of the trees on a 50/50 basis with the developer, with the developer providing a cash bond for such maintenance or removal for a 20 year period; and determinations regarding the need for maintenance or removal of the trees will be made by an arborist selected by the City.

City Attorney Walter stated that the final document containing the amended Conditions will come back with approval of the Final Map some months in the future.

The vote was taken on the amendment to the motion:

Yes: 5 No: 0

The vote was taken on the main motion:

Yes: 5 No: 0

The meeting was recessed at 9:05 p.m. and reconvened at 9:16 p.m.

Assistant City Manager Dorch gave a staff report and responded to questions from Council.

Tim Mattis, 921 Transport Way, Petaluma, provided a history of his business and his plans for the subject property, and offered to respond to any questions Council might have.

George Barich, 176 W. Cotati Oaks Court, said he worked with the applicant on the multi-use room renovation recently and thinks he will be a fine addition to the community.

It was moved by Orchard, seconded by Fox, to adopt Resolution No. 01-101 Approving a Negative Declaration for a General Plan Amendment (from Medium Density Residential to Commercial) and a Zoning Ordinance Amendment (From R-2 to C-1) for a .25-Acre Parcel Located at 905 East Cotati Avenue (Mattis, AP# 144-301-010).

Yes: 5 No: 0

It was moved by Orchard, seconded by Fox, to adopt Resolution No. 01-102 Approving a General Plan Amendment (from Medium Density Residential to Commercial) for a .25-Acre Parcel Located at 905 East Cotati Avenue (Mattis, AP# 144-301-010).

Yes: 5 No: 0

It was moved by Orchard, seconded by Fox, to introduce Ordinance No. 722 Rezoning a .25 Acre Parcel Located at 905 East Cotati Avenue from R-2 to C-1 (Mattis, AP# 144-301-010).

Yes: 5 No: 0

There was no public comment.

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

Yes: 5 No: 0

Assistant City Manager Dorch briefly reviewed the project, and City Manager Shaddox commented on the bids received and the need for Council to approve additional Park in Lieu funds to complete the project.

John Rock, 35 Page Street, requested and received staff confirmation that there is plexiglas on the sides of the shelter and that there will be an appropriate color on the underside of the roof.

George Barich, 176 W. Cotati Oaks Court, said he has heard a rumor there may be a northbound freeway onramp at West Sierra Avenue. Assistant City Manager Dorch stated there is no truth to that rumor.

Prue Draper, 718 W. School Street, said she is delighted to see this project proceeding and she urged Council to appropriate the additional monies to enable it to go forward.

It was moved by Gilardi, seconded by Kurvers, to award the construction contract for the West Sierra Avenue Gateway Project to Fieldstone Construction in the amount of $178,085 and approve an additional appropriation of $30,000 from the Park in Lieu fund to accomplish same.

Yes: 5 No: 0

The joint meeting of the City Council and the Agency Board of Directors was called to order at 9:42 p.m. by Mayor/Chairman Berkemeier.

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

Staff present: Shaddox, Dorch, Hayes, Anna, Walter

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

Yes: 5 No: 0

The meeting was recessed at 9:42 p.m. and reconvened at 9:45 p.m.

Finance Director Hayes reviewed the process to date of the analysis and assessment of the Cotati Community Redevelopment Agency and introduced Don Fraser of Fraser Associates who discussed redevelopment financing. Mark Northcross of Northcross, Hall and Ach gave an overview of the proposed bond issue. He introduced Dave Houston and Nikolai Sklaroff of Salomon Smith Barney who will market the bonds.

Mark Huebsch commented on the steps that will be taken to sell the Series A bonds and explained the function of Series B bonds and related documents. Mr. Huebsch, the other consultants and staff responded to Council questions.

Don Van Dyke, 466 Christensen Court, acknowledged that the documents Council/Board are considering are complicated. He discussed the indebtedness that the City/Agency would be incurring and said Council/Board should hear from an educated and informed public before acting on the bond proposal.

Paul Foti, 7883 Old Redwood Highway, said the bond issuance is a huge responsibility and a huge debt for Cotati. The list of proposed projects does not include any projects for homeless, seniors or other worthy causes. He warned of possible economic events that could present grave dangers to Cotati.

George Barich, 176 W. Cotati Oaks, said that present times are very uncertain, and because of that economic uncertainty Council/Agency should listen to those who caution against moving too quickly to approve the bond issuance. He remarked that the potential of using the middle school is not being examined and instead debt will be incurred.

Yvonne Van Dyke, 466 Christensen Court, asked if the bond issue could not be pared back so that the City could accomplish some projects but not have such a great amount of debt.

John Rock, 35 Page Street, said he has concerns centered around the state of the economy and said he would like to Council to consider what could happen in the case of further deterioration of the economy.

At the request of Council, Mark Huebsch responded to comments made by the speakers.

It was moved by Kurvers, seconded by Fox, to adopt the most recent version of Resolution No. CFFA-06 of the Board of Directors of the Cotati Facilities Financing Authority Authorizing Purchase and Sale of Subordinate 2001 Tax Allocation Bonds, Series A for the Cotati Redevelopment Project and Approving Certain Related Documents and Authorizing Certain Other Actions.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Fox, to adopt the most recent version of Resolution No. 01-99 of the City Council Approving the Issuance by the Cotati Community Redevelopment Agency of its Subordinate 2001 Tax Allocation Bonds, Series A (Cotati Redevelopment Project) and Making Certain Determinations Relating Thereto.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Fox, to adopt the most recent version of Resolution No. CRA-150 of the Cotati Community Redevelopment Agency Authorizing the Issuance and Sale of Subordinate 2001 Tax Allocation Bonds, Series A for the Cotati Redevelopment Project, and Approving the Form of Indenture of Trust, Official Statement Bond Purchase Agreement, Continuing Disclosure Certificate and Related Documents and Authorizing Certain Other Actions.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Fox, to adopt the most recent version of Resolution No. 01-100 of the City Council approving the Issuance by the Cotati Community Redevelopment Agency of its Subordinate 2001 Tax Allocation Bonds, Series B (Cotati Redevelopment Project) and Making Certain Determinations Relating Thereto.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Fox, to adopt the most recent version of Resolution No. CRA-151 of the Cotati Community Redevelopment Agency Authorizing the Issuance and Sale of Subordinate 2001 Tax Allocation Bonds, Series B for the Cotati Redevelopment Project, and Approving the Form of Indenture of Trust and Related Documents and Authorizing Certain Other Actions.

Yes: 5 No: 0

Mark Huebsch briefly reviewed the documents under consideration, noting he had discussed their purpose in his previous remarks.

John Rock, 35 Page Street, urged Council to adopt the Resolutions.

It was moved by Kurvers, seconded by Fox, to adopt the most recent version of Resolution No. 01-104 and CRA-153 Approving and Authorizing the Execution of an Amended and Restated Cooperation Agreement.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Fox, to adopt the most recent version of Resolution No. 01-106 and CRA-155 Approving and Authorizing the Execution of a Joint Housing Implementation Agreement;

Yes: 5 No: 0

It was moved by Kurvers, seconded by Fox, to adopt the most recent version of Resolution No. 01-107 and CRA-154 Approving and Authorizing the Execution of a Loan Agreement.

Yes: 5 No: 0

It was moved by Kurvers, seconded by Fox, to adopt the most recent version of Resolution No. 01-103 and CRA-152 Approving the Purchase of Property and Authorizing Execution of a Purchase and Sale Agreement.

Yes: 5 No: 0

Mayor and Council thanked the consultants for their help.

The joint meeting was adjourned at 11:13 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 was adjourned to closed session at 11:18 p.m.

Councilwoman Kurvers stated she would abstain from participating in the closed session because of a conflict of interest.

The meeting was reconvened in open session at 12:08 a.m. on Thursday, October 11, 2001.

Mayor Berkemeier stated Council had met in closed session on the items listed and there was no action to report.

The meeting was adjourned at 12:10 a.m.

Respectfully submitted,

______________________________

Deputy City Clerk