The meeting was called to order at 6:33 p.m. by Mayor Berkemeier.

Mayor Berkemeier announced the City Council would meet in closed session for the reasons indicated on the attached notice.

Vice Mayor Jensen requested that the minutes be amended on page five--before or after the very last paragraph--to reflect a comment made by Vice Mayor Jensen asking Mr. Ken Foley of Larry's Sanitary Service, or Waste Management, about their ability to help the City meet state mandated AB939 requirements and to indicate Mr. Foley's response.

It was moved by Councilmember Fox and seconded by Vice Mayor Jensen to approve the minutes of October 27, 1999 as amended.

Yes: 4 No: 0 Absent: 1 (Eder)

1. Regular meeting of October 27, 1999.

Theresa Eaton, 117 Silver Dr., read an inquiry statement concerning the legal basis/lack thereof for protection of civil rights in the Sierra Mobilehome Park. Ms. Eaton also expressed her concerns regarding police protection of the mobilehome parks.

Maddie Hirschfield, Head of Public Relations and Outreach on No on Knight Prop. 2, Sonoma County, would like Council vote to endorse the No on Knight initiative. City Attorney Veronica Nebb recommended agendizing the issue. Councilmember Cullinen stated he was a staunch opponent of the Knight Proposition, and in order for his vote to be cast, suggested agendizing the issue at the December 8^th Council Meeting.

Marty (last name inaudible), 302 Floral Dr., Sierra Mobilehome Park, read quotes regarding lawsuits/mobilehome parks and rent control. Reference was made to mobilehome park cats being trapped and taken to the animal shelter. She would like Council to consider a cat ordinance and reduction of the impound release from $50 to a lesser fee. She requested Council write a letter in support of AB1644 and SB 758. Mayor Berkemeier stated he would bring these items up for discussion under the Legislative measures portion of the evening's agenda.

Paul Foti, 7883 Old Redwood Highway, presented memorandums to Council. Planning Director Dorch explained their content. Planning Director Dorch also mentioned Mr. Foti's intentions to put an auto parts store and garage on Old Redwood Highway adjacent to Zone Music. Planning Director Dorch further stated the lot is problematic as it is encumbered with a significant easement and secondary easement providing undefined parking area to Zone Music.

Mr. Foti expressed his desire for a review board to give an analysis of his plans. City Attorney Nebb suggested Mr. Foti work with Staff to:

1. determine what was missing from the project and in need of preparation

2. present plans to the Planning Commission

There being no one further to speak, Mayor Berkemeier closed Citizen’s Business.

Councilmember Fox commented on agendizing and voting on SB1644, AB758 and the No on Knight issues at the same Council meeting. Mayor Berkemeier expressed his agreement and stated these issues would be brought up under the Legislative portion of the evening's agenda.

It was moved by Councilmember Cullinen and seconded by Vice Mayor Jensen to approve the Consent Calendar.

Yes: 4 No: 0 Absent: 1 (Eder)

2. Second reading and adoption of Ordinance No. 691 Establishing a New Zoning District, Downtown Commercial (CD), to Bring the Downtown Zoning Consistent with the Cotati General Plan and to Implement the City of Cotati General Plan

1. The second City Council meeting in November will be held on Tuesday, November 23^rd because of the Thanksgiving holiday that week.

At this point Councilmember Cullinen reiterated the No on Knight issue will be agendized at the December 8^th Councilmeeting.

Mayor Berkemeier thanked him for coming.

3. Sonoma County Department of Health Services – Presentation of certificates of recognition to local businesses for outstanding record of not selling tobacco to youth.

At the request of Mayor Berkemeier this item was pulled from the agenda, perhaps to be agendized in December.

4. A presentation was given by Patricia Souza of Family Action of Sonoma County regarding their study on child care in Sonoma County. Ms. Souza responded to questions from Council.

5. Correspondence from Pat Tyler requesting permission to connect property on Madrone Avenue to City sewer

service.

Mayor Berkemeier introduced the correspondence to the Council and audience.

Mr. Ken Tyler read a report to Council on the issue of his septic system. Mr. Tyler would like an assessment on his property so that he can pay for the sewage system over a period of time.

Mayor Berkemeier called for comments from Council.

Councilmember Cullinen asked about the possibility of annexation with Mr. Tyler's neighbors.

In answer to a question from Councilmember Cullinen, Planning Director Dorch mentioned the area was zoned as rural agricultural.

Planning Director Dorch responded affirmatively to Vice Mayor Jensen's comment in regard to the City's need to go through the annexation as required by the Municipal Code. City Attorney Nebb explained annexation was also due to LAFCO's influence regarding extraterritorial service connections.

Planning Director Dorch explained compilation and determination of annexation fees to Mr. Tyler. Mr. Tyler inquired about the availability of an assessment fee schedule. Planning Director Dorch stated City processing fees need to be paid up front; and, that the annexation fee would be under Council's consideration.

In answer to a question from Councilmember Cullinen, City Attorney Nebb commented that the time-line for payment of annexation fees would be up to Council's discretion, as well as pre-zoning. Planning Director Dorch further explained to Mr. Tyler the channels and considerations which the annexation fees would follow.

Mayor Berkemeier closed the public hearing.

Councilmember Cullinen made a motion to approve the pre-zoning for a total of 3.06 acres with inclusion of the easement and paying fees up front to expedite the work of the Planning Department, and, that Mr. Tyler is aware of the LAFCO fees which will be expected of him as well; and, that Council will finance the annexation fees.

Councilmember Fox stated he did not have a problem with an assessment for the fees.

Mayor Berkemeier addressed Finance Director Jim McAdler in regard to a rate of interest for the annexation fees. Finance Director McAdler stated the usual rate of interest was 5% to 6%.

Councilmember Fox stated he was willing to consider the rezoning and environmental review fees paid up front, and ten years as a payment schedule for other annexation fees.

Councilmember Cullinen stated he did not have a problem with ten years.

After Council discussion, Councilmember Cullinen amended his original motion from five to ten years to pay off the balance of the loan. Councilmember Fox seconded the motion.

Yes: 4 No: 0 Absent: 1 (Eder)

For clarification purposes, City Attorney Nebb stated the item will come back to Council in form of an agreement; and, that Council would actually be voting on the item at that time. An additional option was given by City Attorney Nebb in regard to the temporary service connection agreement.

In regard to the clarification of a feasible loan rate, Finance Director McAdler suggested looking at comparable loans from other cities based on special assessment debt.

6. Correspondence from Ms. Frances Perdew requesting waiver of late penalty on water and sewer billing.

Mayor Berkemeier introduced the item.

Ms. Perdew, 8478 Linden Ave., referred to her detailed letter of October 26, 1999 regarding the late fee penalty on her water and sewer bill. Ms. Perdew would like to see a change in the late fee penalty.

Mayor Berkemeier commented on the late fee; and, whether the fee should be changed.

Vice Mayor Jensen viewed the key issue as extenuating circumstances, and if in fact, other cities do have more flexible regulations in their ordinances. This being the case, Vice Mayor Jensen was in favor of taking a look at adjusting the late fee payment schedule.

Councilmember Fox would like to take a look at what other Cities are doing regarding ordinances and late payment fees; but, would not like to make this issue a large task for City Staff.

Councilmember Cullinen was in favor of extending a courtesy to Ms. Perdew at this time with a one-time waiver of the late fee, but, at no other time. Councilmember Cullinen was not in favor of changing the fee schedule at this time.

Mayor Berkemeier called for a motion.

Councilmember Fox asked for further comment regarding the City re-evaluating its fee ordinance; and, suggested the late fee date be moved up.

Finance Director McAdler stated the Finance Department allows one waiver per late fee per customer.

Vice Mayor Jensen proposed a second motion to have Finance Staff review policies and programs from other cities, which allow the inclusion of extenuating circumstances. In seeking clarification to Vice Mayor Jensen's question,

Ms. Perdew affirmed she was not asking for the $15 late fee to be returned.

Councilmember Cullinen seconded Vice Mayor Jensen's motion for Finance staff to review policies from other cities.

There was no further discussion. Mayor Berkemeier called for the vote.

Yes: 4 No: 0 Absent: 1 (Eder)

7. City Council direction regarding the disposal of a 1.5 acre parcel at Wilford Lane; development of policies concerning the selection of non-profit agencies for developing below market rate housing (Planning)

Planning Director Dennis Dorch gave a staff report and responded to questions from Council.

Mayor Berkemeier called for comment from Council.

Councilmember Cullinen favored sweat equity and a non-profit--perhaps Burbank Housing--to build below market rate housing.

In regard to non-profit involvement, Vice Mayor Jensen suggested Habitat for Humanity in lieu of Burbank Housing. Vice Mayor Jensen mentioned the address for Habitat for Humanity as 987 Airway Ct., Ste. 29, Santa Rosa, CA

95403-2050, PH: 578-7707. Vice Mayor Jensen further stated her agreement with Councilmember Cullinen's suggestion of sweat equity and involvement with a non-profit entity to build below market rate housing.

Councilmember Fox stated he agreed with Councilmember Cullinen and Vice Mayor Jensen's comments. Councilmember Fox would like to see proposals from the non-profit housing groups.

Mayor Berkemeier opened the public hearing.

John Lowry, Burbank Housing, referred to his letter attached to the Staff Report. Mr. Lowry commented on the purpose of Burbank Housing.

Theresa Eaton, 117 Silver Dr., mentioned elements of our society being leftout, i.e., senior citizens and minimum wage individuals. Ms. Eaton would like Council to consider mixing rentals; and, include those individuals not able to purchase property.

Councilmember Cullinen made a motion to give direction regarding the disposal of a 1.5 acre parcel at Wilford Lane; development of policies concerning the selection of non-profit agencies for developing below market rate housing, the plan being that Council move toward below market rate housing, work with a non-profit, preferably Burbank Housing; however, that Council also investigate Habitat for Humanity and that the project involve sweat equity.

Vice Mayor Jensen suggested obtaining an EAH concept from Habitat for Humanity.

Planning Director Dorch suggested agendizing the item at a December Council Meeting.

As Council is fully supportive of the item, Councilmember Cullinen stated the item should be brought back to the next Council Meeting.

Councilmember Fox proposed an amendment indicating Mr. Lowry's preferred project proposal was rental. Councilmember Fox would like to include that idea in a proposal to Council. In answer to a question from Councilmember Fox, Mr. Lowry stated housing for the very low income individual was a priority with Burbank Housing. Mr. Lowry cited examples to this effect.

Lon Russell, 1550 Parkway, Rohnert Park, mentioned knowing of a full-price offer for the property from Mr. Gilmore. He further stated that Mr. Gilmore could do essentially the same thing as a non-proift entity.

Mayor Berkemeier closed the public hearing.

Councilmember Fox stated he would like to look into rental situations as well as home-ownership.

Councilmember Cullinen stated his interest was the lack of very low-income housing.

Mayor Jensen stated she would like to address the very low-income area.

In answer to a question by Councilmember Fox, Planning Director Dorch clarified Council will not be dealing with the very low range in regard to sweat equity. Rather, Council would be dealing with a low to low-moderate area.

Vice Mayor Jensen seconded the motion.

Yes: 3 No: 1 (Fox) Absent: 1 (Eder)

8. Request for authorization to play amplified music in La Plaza Park and to place banner advertising event across Old Redwood Highway (City Manager)

Interim City Manager Charles Brown gave a brief report and responded to questions from Council.

Mayor Berkemeier opened the public hearing.

Pastor Russell, New Hope Church, explained that the banner would advertise just the event, date and time of the caroling. The name of the Church would not be noted on the banner.

City Attorney Nebb stated that Staff's recommendation regarding the banner issue came from her suggestion. City Attorney Nebb cited further issues against raising the banner.

Evonne VanDyke, 466 Christensen Court, commented on the WildFest held in La Plaza Park this summer, and asked if the event was endorsed by Council.

Mayor Berkemeier closed the public hearing.

In answer to a question from Councilmember Fox, City Attorney Veronica Nebb explained the process of drafting a City ordinance restricting the use(s) of a banner.

Mayor Berkemeier called for a motion.

A motion was made by Councilmember Fox and seconded by Councilmember Cullinen to approve the request for amplified music in La Plaza Park and to not approve placement of a banner advertising an event across Old Redwood Highway.

Yes: 4 No: 0 Absent: 1 (Eder)

Councilmember Fox stated that he would like to see a policy restricting banner use to City sponsored events. City Attorney Nebb was in agreement with this idea.

9. Consideration of Revised Draft Cooperative Agreement for County Wide Multi-Agency Procurement of Computer Assisted Dispatch Records Management and Mobile Data Communications Systems Financial Feasibility Study

A staff report was given by Interim City Manager Charles Brown who then responded to questions from Council.

Mayor Berkemeier called for comments from Council.

Council consensus was that Vice Mayor Jensen and Councilmember Fox would meet as a subcommittee. The committee will take input from City department heads and will bring back their recommendation to Council. Councilmember Fox suggested the subcommittee meet within the next week.

In answer to a question from Councilmember Cullinen, Interim City Manager Brown stated all Sonoma County cities, with the exclusion of the City of Cotati, had signed the JPA Agreement.

Due to cost considerations, City Attorney Nebb requested direction as to whether the City Attorney's Office should continue the process of reviewing and revising the document. City Attorney Nebb advised this item be placed on the next agenda, with possible continuation to the December 8^th Council Meeting. City Attorney Nebb suggested investigation as to deadline and continuation.

Vice Mayor Jensen suggested reviewing the article referencing Petaluma's resources in regard to their ability to readily contact the greater agencies.

Councilmember Fox suggested, that, based upon investigation of the deadline, Council postpone their decision; and, that Council analyze input from the other agencies involved in the agreement. Council consensus was agreement with Councilmember Fox' suggestions, and, if possible, to wait until December for further decision.

Council/Agency Board members present: Cullinen, Fox, Jensen, Berkemeier

Council/Agency Board member(s) absent: Eder

Staff present: Brown, Dorch, McAdler, Nommsen, Sime

Item(s) pulled:

A motion was made by Councilmember Fox and seconded by Vice Mayor Jensen to approve the Consent Calendar as presented.

Yes: 4 No: 0 Absent: 1 (Eder)

10. Receive and file City Investment Report for Quarter Ending September 30, 1999

11. Receive and file Summary of Y2K Compliance Efforts and Business Resumption Contingency Plan and approve funding to purchase and install transfer switches and generator connections for City water wells.

Approval of Additional Funds to Analyze Property Owner Land Use Scenario, Santero Way Specific Plan. (Planning)

Planning Director Dorch mentioned a time issue and the necessity to get the item completed as quickly as possible.

Mayor Berkemeier called for a motion to add-on the item.

Councilmember Fox moved to add-on the item. Councilmember Cullinen seconded the motion.

Yes: 4 No: 0 Absent: 1 (Eder)

A staff report was given by Dennis Dorch, Planning Director.

Mayor Berkemeier opened the public hearing.

Carl Schollman, 8755 Pine Ln., commented on cost of the plan and the EIR. He did not see a need to tear up the

cul-de-sac on Industrial Avenue. He stated he was not aware the item would appear as an add-on to the evening's agenda.

Mike Karakozoff, 525 E. Cotati Ave., commented on the specific plan.

Mayor Berkemeier closed the public hearing.

Councilmember Fox stated he would like to see the plan analyzed, an EIR and other reports accompany it. Councilmember Fox favored approval of the item and Council's review option.

Vice Mayor Jensen commented in regard to cost.

Mayor Berkemeier stated he was unhappy with the short notice of presentation of the item to Council.

Councilmember Fox moved to appropriate funds in the amount of $10,000 from the Redevelopment Agency Capital Project Fund, to be transferred to Fund 34-71082-Q002, to fund a study by Sponamore Associates of the property owners' Land Use Scenario, Santero Way Specific Plan. Vice Mayor Jensen seconded the motion.

Yes: 4 No: 0 Absent: 1 (Eder)

12. Appropriation of additional funds from Redevelopment Agency Capital Fund to construct a sidewalk from the Gravenstein Highway Park and Ride Lot to the east side of U.S. 101. (Planning)

A staff report was given by Planning Director Dennis Dorch who responded to questions from Council.

In answer to a question from Councilmember Fox, Planning Director Dorch gave clarification on the bid.

Councilmember Cullinen was fully in favor of Tosco being in escrow with the City.

Vice Mayor Jensen expressed her concern with the cost of the sidewalk.

In answer to a question from Councilmember Fox, Planning Director Dorch stated the placement of the sidewalk would be on the South side of Gravenstein Highway.

Mayor Berkemeier opened the public hearing.

There being no one to address Council Board, Mayor Berkemeier closed the public hearing.

A motion was made by Councilmember Fox and seconded by Councilmember Cullinen for the appropriation of additional funds from Redevelopment Agency Capital Fund to construct a sidewalk from the Gravenstein Highway Park and Ride Lot to the east side of U.S. 101.

Yes: 4 No: 0 Absent: 1 (Eder)

The Joint Meeting was adjourned at 9:50 p.m. and the regular meeting of the City Council reconvened.

Mayor Berkemeier called for announcements and reports on Council activities.

Councilmember Cullinen commented on SCTA and Citizens for 101--freeway expansion.

Vice Mayor Jensen reported on the Housing Methodology Committee which met this past week. Vice Mayor Jensen reported on final numbers regarding the housing and community development for the nine county areas.

Mayor Berkemeier attended the Community and Environment Commission which is planning the Christmas Tree Lighting at 6:00 p.m., December 1, 1999, La Plaza Park. After this event, cider, cookies and Santa will be available for all at the Fire Station! Mayor Berkemeier also met with the Board of Directors, Chamber of Commerce on November 9, 1999. Mayor Berkemeier commented the Chamber is looking for members to fill Board positions. Nominations for Citizen of the Year should be presented to the Chamber by the 26^th of November.

After Council discussion, direction was given to City Attorney Veronica Nebb to include copies of AB1644 and SB758 in November 23, 1999 Council packets.

Mayor Berkemeier closed the meeting in memory of Mr. Stewart Wachs', father and father-in-law, respectively, to Marsha Eder and Councilmember John Eder. Mayor Berkemeier requested a letter be drafted to Mrs. Stewart Wachs to that effect.

Adjournment: 10:04 p.m.

Linda Sime, Administrative Clerk

NOTICE OF STATUTORY AUTHORITY FOR HOLDING A CLOSED MEETING OF THE CITY COUNCIL ON NOVEMBER 10, 1999

Pursuant to California Government Code Section 54950 et seq., the City Council will hold a closed session. More specific information regarding the grounds for this meeting is provided below.

CONFERENCE WITH LABOR NEGOTIATOR (G.C. Section 54957.6)

1. Agency designated representative: Acting City Manager

Unrepresented employees: All

2. Agency designated representative: Acting City Manager

Linda Sime, Administrative Clerk