The meeting was called to order at 6:30 p.m. by Mayor Fox.

Mayor Fox stated that Council would meet in closed session for the reasons indicated on the attached notice.

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

Councilmembers present: Berkemeier, Cullinen, Eder, Jensen, Fox

Staff present: Brown, Dorch, Anna, Walter

It was moved by Berkemeier, seconded by Eder, to approve the minutes of February 23, 2000 as amended and to waive the reading of all ordinances introduced and/or adopted under this agenda.

Yes: 4 No: 0 Abstain: 1 (Jensen)

1. Regular meeting of February 23, 2000

David Hardy, 1418 Parkway Drive, Rohnert Park, spoke regarding a letter he has directed to Sonoma State University President Ruben Arminana regarding traffic impacts of SSU on Cotati and asking that the University contribute to mitigation of those impacts. He asked Council to help him to get the University to commit to mitigating the impacts.

Vice Mayor Jensen asked Mr. Hardy if he had been in contact with Mr. Rick Saval regarding growth issues, to which Mr. Hardy responded that he had.

Councilmember Cullinen acknowledged his concerns and thanked him for his efforts.

Tony Adler, Arthur Street, reminded Council that today is International Women’s Day and he was disappointed not to see any mention of that fact in Cotati. He went on to speak about his feelings about the City Council. He stated that Vice Mayor Jensen represents the feelings of the people of Cotati, whereas the other Councilmembers represent large corporations and businesses that only wish to make money in Cotati. He urged them to reconsider their mission as Councilmembers.

Patricia Jonas Voulgaris, Cotati, noted that she has fought with various members of the Council through the years but now feels it is time to try to work together. She spoke regarding the proposed Helen Delevois memorial library and asked Council to make a commitment to provide a building. She said the present Scout Hut might be a possibility and said she is excited about Cotati moving ahead.

Mayor Fox stated Council would try to consider the item on an agenda very soon.

Barbara Whitfield, 8511 Dorfman Drive, treasurer of Helen Delevois Memorial Museum and Library, said their mission is not to have a lending library such as the one in Rohnert Park but a small, historical place with archives of documents and artifacts, and a place which is multicultural and promotes literacy

George Barich, 176 W. Cotati Oaks Court, asked whether any staff time had been utilized on analyzing ballot measures B and C. Mr. Barich said he feels Council has turned their backs on his requests many times, on such issues as videotaping City Council meetings, repaving West Cotati Avenue, not completing a public works project for which some of his property was taken, and other issues. He asked Councilmember Cullinen and Councilmember Berkemeier to step down from their positions on the Council tonight.

Councilmember Cullinen stated that Mr. Barich has repeatedly made these same allegations instead of helping the City to proceed with its business and remarked on the irony of his accusing Councilmembers of breaking the law when he is, himself, a convicted felon, having been caught with a quantity of marijuana plants a couple of years ago.

Vice Mayor Jensen interjected that Councilmember Cullinen’s comments regarding Mr. Barich were out of line.

Patricia Jonas Voulgaris stated that all this conversation is going nowhere and asked everyone to move ahead.

Paul Foti, 7883 Old Redwood Highway, said he thinks the memorial library project is a worthy one and he will support it. He continued, regarding Monday night’s meeting regarding the Santero Avenue Specific Plan, saying the whole process was disrespectful to everyone involved. He said he wants to go to the Planning Commission with his plans. In response to a question from Vice Mayor Jensen, he said he has a plan, has a direction, and he is not getting listened to in the public forum. Planning Director Dorch clarified that the staff, property owners and consultants will meet at City Hall on Sunday to talk.

Mark Firestone, Loretto Avenue, said the recall effort has its detractors but also has its supporters. He listed various reasons why a recall election is appropriate. He asked Councilmembers Berkemeier and Cullinen to step down and save the City the cost of an election.

An unidentified woman handed an unidentified document to Councilmember Cullinen.

Victor Boucher, Arbor Court, said the people who object to the money being spent on a recall election should be equally concerned with the large amount of money it cost to get rid of the City Manager. He stated he was in favor of proceeding with the recall.

Mr. Boucher handed an unidentified document to Councilmember Berkemeier.

Item #2 was pulled by Vice Mayor Jensen. She asked if the City determines whether firms which are contracted with pay prevailing wages. Iver Skavdal of Winzler & Kelly responded that contractors are required to do so and to provide certified payroll reports which are available for public inspection.

It was moved by Jensen, seconded by Eder, to approve the Consent Calendar.

Yes: 5 No: 0

Mayor Fox called attention to the announcements. Councilmember Eder provided additional information on the Walkable Communities charrette and urged citizens to participate. Vice Mayor Jensen added that it will be a lot of fun.

3. Madeline Macado-Soares, Rancho Cotate High School

Honorary Mayor Macado-Soares was not present.

Council consensus was to receive and file the correspondence.

Council consensus was to receive and file the correspondence. Vice Mayor Jensen requested a special meeting to discuss the general purpose financial statements for the City of Cotati for the year ended June 30, 1999.

Staff was directed to place discussion of the matter on the agenda for the next regular meeting.

In response to a question from Mayor Fox, Planning Director Dorch provided further information regarding the draft letter. Following Council discussion, consensus was to add sentence saying that Sonoma County is unique with regard to certain issues. Staff was directed to determine if the City should prepare a letter following Mayors’ & Councilmembers’ Association meeting.

Marty Deshuba, 302 Floral Drive, said she knows that ABAG and HCD deal with huge numbers, and she wants to be sure affordable housing is made available for low and moderately low income people. vice Mayor Jensen pointed out that there is a low and moderately low income project coming along.

Paul Foti, 7883 Old Redwood Highway, said he could build something that could be sold to low income people easily but because of fees the costs are driven up to the point where people cannot afford them.

Vice Mayor Jensen said she would like to set up a meeting to discuss Mr. Foti’s ideas. Council consensus was to designate representatives who will sit down with Mr. Foti and discuss his proposal.

Patricia Jonas Voulgaris said that the policy used to be that local people should be utilized, and she suggested that Council find out what Paul Foti can do.

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

Vice Mayor Jensen asked if surrounding property owners have been asked whether they wish to be included in the annexation. Dorch responded that probably four other properties will be going along in the annexation, and a formal request for annexation will be forthcoming.

Councilmember Eder commented that there are other properties which are experiencing similar problems to the Tylers and asked if it would make sense to include them in an annexation. Dorch responded to his questions.

Vice Mayor Jensen asked if the cost of city services has been analyzed for servicing the annexed properties. Dorch responded the annexation fee includes expenses of sewer and water plant and police operations. Jensen asked if it would make sense to set up a cost/benefit system to better assess new annexations. Dorch responded that he knew of one such system, but it actually did not work very well. He said he would inquire at the next Planning Directors meeting.

There was no public comment.

It was moved by Berkemeier, seconded by Eder, to introduce Ordinance No. 701 Providing that a Property May be Connected to the Sewer System Prior to Annexation and Under Specified Terms and Conditions.

Yes: 5 No: 0

8. Discussion of request to ban purchase of mobilehomes by park owners (City Attorney)

City Attorney Walter presented a report on the question of whether Council could act to prohibit the purchase of mobilehomes by mobilehome park owners in the City of Cotati. He responded to questions from Councilmembers.

Vice Mayor Jensen asked if he City could consider operating its own mobilehome park. City Attorney Walter responded that it would probably be possible. He said some cities, through their redevelopment agencies, have enabled citizens to buy mobilehome parks, although such transactions are very complicated and expensive. He guessed that the low to moderate income fund could probably be used for setting up such a park. Jensen asked that the subject be brought before Council to consider at a future meeting.

Councilmember Cullinen said he agreed such an arrangement would be desirable, but was not optimistic that there is land still available to make it possible.

Bob Fleeg, GSMOL Chapter 1014 in Rohnert Park, remarked that SB 1905 (Sher) is in the Senate regarding owner occupied units, and he pointed out that the correct term is now "manufactured homes". He applauded Vice Mayor Jensen’s suggestion. He said the mobilehome park industry realizes a 55% return.

Tom Davis, GSMOL, San Rafael, said the problem is that the park owners are buying and renting out units, and he suggested a distinction be made between coach owners subletting and park owners subletting. In other words, at present the park tenants may not sublet, and therefore the park owners should not be allowed to sublet. Referring to the City’s ordinance, 19.14.001(d), he said its intent is to prevent shortage of vacancies, excessive rents, guarantee of fair return to park owners, balance in negotiating power, rent control with no vacancy decontrol, provide options to prevent oppressive contracts on tenants. So he felt restricting owners and tenants from subletting would be a solution.

Steve Guinn, Ramble Creek Drive, said park owners rent, not sublease, the units. He commended the City Attorney on his staff report. He invited Councilmembers to look at the homes in his park and become really informed before making any decisions. He pointed out that mobilehomes are a source of low income housing. He said the rate of return on parks cited by Mr. Fleeg was for a park with over 200 spaces. He offered to open his account books if Councilmembers wished to see them.

Kevin Lamb, 102 Silver Drive, Sierra Mobilehome Park, said he leases the land on which the home he has purchased sits. He said when a park owner buys a home, the rent doubles and triples.

Jean Phillips, Golden State Mobile Home Owners League, said a mobilehome should be sold and the land rented. The land is changed when a park owner buys the home and rents it out. Parks are set up for purpose of renting land to people who bring their own home to the land, she maintained, and once you get away from that you are destroying the purpose of the parks.

Patricia Jonas Voulgaris, Cotati, said she can appreciate mobilehome park owners wanting to make more money, but she also understands that people on fixed incomes become fearful about being able to pay their bills. She asked if it is possible to have a mobilehome park cooperative wherein the people would own their own home and also the land the home is on. She suggested a meeting be held to discuss such an idea.

Don Romano, 27 Ramble Creek Drive, said a mobilehome has always meant to him an affordable home, and he believes a mobilehome is being rented in his park for $1,100 which he would not be able to afford. He asked that the tenants be included in any meeting which takes place. He said there will be no more affordable mobilehomes if park owners keep buying them.

Coleman Persilly, VP of Golden State Mobile Home Owners League, thanked the City Council for establishing the mobilehome rent stabilization ordinance. He said state law says park tenants cannot sublet, and park owners must live up to the same law. He advised Council to ask the City Attorney to write a letter to the park owner saying he is violating state law and to cease and desist. If the park owner refuses, go to the District Attorney, then to the Grand Jury. He went on that the City Planning Commission can set up a zone that says it is a mobilehome park and only a mobilehome park, with a definition of what that is. He said that the only way the City can force a park owner to sell is by eminent domain, which he did not recommend.

Gary Ellingwood, 124 El Crystal Drive, in unincorporated area of Sonoma County, said that whatever happens in Cotati’s parks happens to all the parks everywhere. He cited an example of a mobilehome park on Santa Rosa Avenue. The owner bought them all and then placed them very close together and rented them for high prices. He said it is now a dump.

Marty Deshuba, Sierra Mobilehome Park, encouraged Councilmembers to come and see the mobilehome park where she lives. She pointed out that the bedroom in a mobilehome recently sold to the park owner does not even hold a double bed; this in reply to Mr. Guinn’s remark that the mobilehomes are "condos". She said she thinks a prohibition against renting out the units would be beneficial in retaining affordable housing.

Ferdinand White, Cypress Avenue, representing his mother who owns Countryside Mobilehome Park, said spaces rent for $200 and they do not own any of the homes. She said they joined the lawsuit because they wanted to see the park owner make a fair return on her investment. He said his brother does the gardening and if they had to pay for a gardener they would make no money.

Theresa Eaton, 117 Silver Drive, said CMC §17.32.020, " Intent of District", Ordinance No. 410, states the intent of the MHP district is for affordable housing. She asked Council to focus on the intent of the mobilehome park. She said she has heard that anyone wishing to occupy the space in Countryside has to buy their home from Pacific Gold, which runs in the $60,000 range.

Grace Foster, Sierra Mobilehome Park, said that zoning is for mobilehome zoning only in all three parks, and owner occupied. She would like to see it stay that way. Having rentals would change the park, she said.

Don Romano, 27 Ramble Creek Drive, said they pay water, sewer, garbage, cable, and he said they don’t have pools or game rooms. He said the park should not become all rentals.

Paul Foti, 7883 Old Redwood Highway, suggested that perhaps the Redevelopment Agency could prevent discrimination against potential buyers of coaches for sale in a mobilehome park.

Tony Adler, Arthur Street, said he can see that there is a problem with exploitable people , and he asked Council not to become intimidated by the possibility of a lawsuit by Pacific Legal Foundation but to take a stand on behalf of the people. He urged Council to determine that the park owners cannot rent out mobilehomes.

Councilmember Eder said the proposition of making everyone adhere to a non-renting rule seems to make some sense, but a policy of allowing everyone to rent might also make sense. City Attorney Walter said possibly it would make more sense for the City to introduce legislation prohibiting rental of mobilehomes in the City.

Councilmember Cullinen noted that the Cotati City Council traditionally supports mobilehome park tenants and would want to continue to support them. However, he would like to see that tenants are protected but park owners can realize a fair return; that, he said, is the challenge before the Council. He added that he would not like to sink deeper into a war with Pacific Legal Foundation. He noted that the affordable housing issue is very important in this community, and he would hope to resolve this without becoming bogged down with litigation.

Councilmember Berkemeier said he would like to look into possibilities with zoning and also to try to work out something with tenants and park owners.

Councilmember Eder commented that it appears the City’s ultimate position may be that units must be owner occupied.

Vice Mayor Jensen suggested Council direct the City Attorney to look at the State law and perhaps draft a letter to park owners which tenants have asked Council to send. But Council should not make commitments without a much deeper look at the issues first. She said that she had heard about incidents in mobilehome parks which sound like hate crimes and she asked if those people had recourse. City Attorney Walter responded recourse would be to the District Attorney’s office.

Mayor Fox agreed that the problem will not be solved tonight. He said he is most distressed by the fact that the park owners have a say in the decision of to whom a mobilehome may be sold. He said he would like to start there, personally, but is not quite sure how. Secondly, he said some research into the state law must be done. Allowing everyone to rent might also make sense.

At the City Attorney’s recommendation, it was moved by Jensen, seconded by Berkemeier, to direct the City Attorney to (1) research whether or not it would be lawful to adopt an ordinance that would prohibit park owners from denying approval of a prospective purchaser and then buying the coach at an artificially deflated value, (2) research whether or not there are lawful means for adopting zoning provisions that may cause the problem which has been raised tonight to be resolved, (3) research whether or not it would be lawful to adopt an ordinance that would ban subletting, and (4) author a letter to park owners advising them of the state law and admonishing them to follow it as regards the issue of uniformity of application of park rules.

Yes: 5 No: 0

The meeting was recessed at 10:02 p.m. and reconvened at 10:12 p.m.

Planning Director Dorch gave a staff report and introduced Mr. Iver Skavdal of Winzler & Kelly. They responded to questions from Council.

There was no public comment.

It was moved by Cullinen, seconded by Berkemeier, to authorize the Interim City Manager to execute Task Order No. 2000-01 to provide engineering services for the Old Redwood Highway Resurfacing Project.

Yes: 5 No: 0

Vice Mayor Jensen requested that in the future staff provide additional information as to how costs are broken down, the usual cost of the same type of services from other sources. Councilmember Eder agreed, saying he would like to see normal industry standards for a given project.

Vice Mayor Jensen asked staff to report on feasibility of doing some work on the slope between Red Hill and Valparaiso; she suggested PG&E be contacted regarding tree trimming in that area and to direct Winzler & Kelly to look at what could be done to stabilize the slope. Staff was so directed.

10. Approval of modification to MTC grant for Walkable Communities (Planning)

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

Vice Mayor Jensen asked if the $10,000 could be better used by hiring local people, especially people from Sonoma State University. Staff commented that the two positions recommended are part of the Walkable Communities team, with specialty skills for this process.

Paul Foti, 7883 Old Redwood Highway, discussed his experience in the Santa Rosa process.

Yvonne Van Dyke, 466 Christensen Court, said other people cannot be recruited at this point to join what has been set up as a team.

It was moved by Cullinen, seconded by Berkemeier, to approve a modification to the grant contract with the Metropolitan Transportation Commission to allow Walkable Communities, Inc., to expand their design team from three to five people and the deletion of the model option.

Vice Mayor Jensen asked to have Dan Burden explain what value the architect brings. She will call him for that information.

Yes: 5 No: 0

Councilmembers Berkemeier and Eder left the dais at 10:53 p.m. indicating they would abstain from consideration of this item because of conflicts of interest involving property ownership on Benson Lane.

Iver Skavdal, Region Manager of Winzler & Kelly, reviewed the project and responded to questions from Council.

There was no public comment.

It was moved by Jensen, seconded by Cullinen, to adopt Resolution No. 00-09 Approving a Funding Agreement with the Sonoma County Water Agency for the Benson Lane Conduit Project, and Authorizing the City Manager to Execute Said Documents on Behalf of the City of Cotati.

Yes: 3 No: 0 Abstain: 2 (Berkemeier, Eder)

Councilmembers Berkemeier and Eder returned to the dais at 10:55 p.m.

The joint meeting was called to order at 10:56 p.m.

Council/Agency Board Members present: Berkemeier, Cullinen, Eder, Jensen, Fox

Staff present: Brown, Dorch, Anna, Walter

Consent Calendar

It was moved by Cullinen, seconded by Berkemeier, to approve the Consent Calendar.

Following Council discussion, the motion was withdrawn.

It was moved by Jensen, seconded by Eder, to adopt Resolution No. 00-14 and CRA-126 Designating Signatures for Orders for Payment of Monies Drawn Against the City of Cotati and the Cotati Community Redevelopment Agency on Existing Accounts at the Exchange Bank, Bank of America, Sutro & Co., Sonoma County Investment Trust Fund, and California State Local Agency Investment Fund; adoption of Resolution No. 00-15 and CRA-127 Designating Signatures for Wire Transfer Services with Exchange Bank; with the provision that the names of authorized signatures be: Geoffrey A. Fox, Mayor, Pia C. Jensen, Vice Mayor, Dennis A. Dorch, Director of Planning, and Robert Stewart, Chief of Police.

Yes: 5 No: 0

Assistant Executive Director/Planning Director Dorch gave a staff report and responded to questions from Council/Board.

John Lowry, Burbank Housing, thanked Council for considering this matter tonight. He and Craig Meltzner discussed the funding for the project and responded to questions from Council/Agency Board and staff.

In response to a question from Vice Mayor Jensen, Mr. Meltzner stated the cost per square foot of the project was $170.

Paul Foti, 7883 Old Redwood Highway, said Council/Board needs to move more quickly and get the funding assured because if the project does not move quickly the costs will keep going up.

It was moved by Eder, seconded by Jensen, to adopt Resolution No. CRA-128 Approving an Additional Loan of $170,000 to Charles Street Village, Inc. (a Non-Profit Affiliate of Burbank Housing Corporation) for the Development of the Charles Street Village Project; Approving an Amendment to the Existing Note, Loan Agreement, Deed of Trust and Low Income Housing Covenant and Authorizing the City Manager/Agency Executive Director to Execute Same, with provision that such approvals and authorization be contingent upon successful acquisition of $300,000 from HUD..

Yes: 5 No: 0

The joint meeting was adjourned, and the regular City Council meeting reconvened, at 11:26 p.m.

Authorize Mayor to execute Agreement for City Manager Services

At the direction of the Mayor, this item was continued to the next regular meeting.

Brief announcements and reports on Council activities.

Councilmembers reported on meetings they have attended recently. City Manager and Mayor will meet to decide on a facilitator for the City Council.

The meeting was adjourned at 11:36 p.m..

Respectfully submitted,

____________________________

Deputy City Clerk

* * *

PUBLIC EMPLOYEE APPOINTMENT (G. C. Section 54957)

Title: City Manager

Name of case: Cashman v. City of Cotati

Name of case: City of Cotati v. Cashman

___(signed)_________________

Deputy City Clerk