The meeting was called to order at 7:04 p.m. by Mayor Fox.

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

Staff present: Shaddox, Dorch, Morris, Stewart, Kirkpatrick, Anna, Nebb

Assistant City Attorney Nebb reported that City Council met in closed session this afternoon for the item indicated on the agenda for that meeting. By a vote of 4-0, with one member absent, the Council did determine to accept the resignation of a City employee and to authorize the City Manager to enter into a Separation and Settlement Agreement and to pay the employee the amount of $18,500 in back pay.

1. Regular meeting of July 26, 2000.

Vice Mayor Jensen requested that the minutes be amended on Page 10, the fifth line of the fifth paragraph, to delete the word "lowest" and insert the word "highest."

It was moved by Berkemeier, seconded by Cullinen, to approve the minutes of July 26, 2000 as amended and to waive the reading of all ordinances introduced and/or adopted under this agenda.

Yes: 5 No: 0

Announcements

Mayor Fox called attention to the announcements.

Correspondence and Presentations

Jud Snyder, Chairman of the Cotati Jazz Festival, reviewed the request and responded to questions from Council.

Patricia Jonas Voulgaris, 8510 Dorfman Drive, said that the City can certainly come up with ideas to financially support the Jazz Festival.

George Barich, 176 W. Cotati Oaks Court, said the City should look critically at the Jazz Festival and consider if the City should be financially supporting music festivals. He offered to help solicit funds from private sources but felt the City should not continue providing funds. Councilmember Cullinen clarified that the city has not subsidized the festival.

It was moved by Cullinen, seconded by Berkemeier, to grant $2,000 to the Jazz Festival each year beginning with this fiscal year.

Councilmember Eder said he supports a loan to the festival. He suggested authorizing a loan for outstanding debt and look at other sources of income for the festival, but added he did not necessarily oppose a city grant.

Vice Mayor Jensen stated she supports loan to the festival to pay off present debt, and she would want to look for grants for future funding and see a plan for financial success in the future. She supported Councilmember Eder’s suggestions.

Councilmember Berkemeier noted that early on, the City supported the festival. He felt the City should help the Jazz Festival because it brings in business to downtown merchants. He said that $2,000 is not a great amount of money and is certainly not wasted.

Mayor Fox commented that a $2,000 grant really only amounts to $1,000 for next year in that $1,000 of that amount has to be used to pay off last year’s debt. He said he would rather lend money for debt now and sit down with festival organizers to figure out how the festival can keep going and stay alive. He said he doesn’t want it to continue as it presently is; he would like to see a plan for future needs.

Councilmember Cullinen said he would move to lend $1,000 if an attempt is made to seek outside funding from grants. With regard to people saying this is an inappropriate use of municipal funds, he feels that it is appropriate in that it serves the people and benefits the community. He withdrew his earlier motion.

It was moved by Eder, seconded by Cullinen, to approve a loan of $1,000 to the Jazz Festival, with repayment by June 30, 2001; further, assign staff to assist in location of grant funds to cover Festival costs; and further tentatively agree to put aside a potential grant of $2,000 in the Fiscal Year 2000-2001 budget in the event funding is not found.

City Manager Shaddox clarified that the loan would come out of the existing loan line item in this year's budget. Councilmember Eder confirmed that understanding, as did Cullinen.

Vice Mayor Jensen commented that she would not like this to be precedent setting in that a loan is being turned into a grant.

Yes: 5 No: 0

City Manager Shaddox announced that Paul Foti has committed to donating $1,000 to the Festival. Council, staff and audience members applauded Mr. Foti.

Anne Wallace Rock, 35 Page Street, asked for Council’s assistance in reviewing and possibly reopening the issue of a three-story clock tower as a design element of the Gateway Project. Specifically, she is concerned about the vacant lot at Page Street and Old Redwood Highway and the area being planned for the co-housing development. She does not think any three-story building, let along multiple clock towers, would be appropriate for that area and for what is being planned for the co-housing group. The Walkable Cotati group discussed the subject last night, she said, and while she wanted to make it clear that the is making an appeal on a personal level, there did seem to be more than just a group of Page Street residents concerned about it.

June Silva stated she is concerned about the bridge on LaSalle. She said there was a deliberately set fire recently in that area, and one previously. She has noticed motorcycles and other vehicles going over the bridge, and police say it is difficult to stop people from doing that, and there is no signage indicating that such vehicles are prohibited. Skateboarders also use the bridge, she said, and fireworks and dogs running free are a problem. There is graffiti on the bridge and on residents’ fences, and trash and alcohol containers appear over her fence. She requested, at the very least, that a trash can be provided. She said none of this took place prior to the bridge being put in. Noting that there is no ordinance prohibiting motorcycles, skateboards, bicycles, or dog waste in the area, she requested for such an ordinance as well as police patrols and warning signage.

Jeff Cartwright, 56 Rocca Drive, Petaluma, commented regarding the Sonoma County Water Agency water project. He said the project is corporate welfare and future development. He read portions of the Environmental Impact Report.

Anthony Wheeldin, 163 Myrtle Avenue, congratulated Chief Stewart and Officer Werner on the recent police dog trials. He said that use of Putnam Park for the event was appropriate, but he objected to the use of Putnam Park for night-time practice for dogs attacking practice subjects. He requested that Council not approve such use in the future.

Creighton Bell, 25 Pine Tree Circle, suggested that the entrances to the pedestrian bridge referred to earlier could be adjusted so that they would be too narrow for a motorcycle to enter.

Theresa Eaton, Sierra Mobilehome Park, asked that Cotati residents be informed as to Gallo’s night time activities. There is a lot of noise emanating from that area, she said, and she wondered if there might be spraying going on. Mayor Fox responded that the Agricultural Commissioner has records of any spraying occurring, and it is said to be sulfur that is being sprayed.

Patricia Jonas Voulgaris, 8510 Dorfman Drive, said she would like to see a commission on youth in Cotati to provide activities for youth. She commended City Manager Shaddox, noting that downtown parking has been improved and trees are bring trimmed.

Paul Foti, 7883 Old Redwood Highway, remarked on the water issue referred to earlier and said that Marin County is, in a number of ways, not taking responsible action around water use. He said any water agency must provide water to its customers and must also take into account increases in population. He urged Council to keep pushing the Sonoma County Water Agency to do its part to provide for adequate water supplies. He asked if the city is contributing to the Charles Street Village Project and stated someone should be auditing costs of construction.

Bert Bangs, 1338 Manzanita, Santa Rosa, indicated he would like to comment on the Santero Specific Plan ordinance, which is on tonight's Consent Calendar. Mayor Fox indicated that item would be pulled for discussion.

Chris Kopp, 8575 Loretto Avenue, suggested people collect water in their backyards to help water lawns, and perhaps there could be a program to help people conserve water. Vice Mayor Jensen noted the Sonoma County Water Agency has information on such projects.

PUBLIC HEARINGS

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

Jeff Sommers, Project Developer, spoke regarding Conditions No. 45, 46 and 47 as well as other items. He said he is essentially satisfied with the conditions.

Jeff Cartwright, Petaluma, said he has considerable experience with being flooded and suggested Council beware of development in floodplains.

Don Goodsell, 425 Helman Lane, said the wetlands in question are just a collection point for people’s trash at present, the weeds are very high, and people dump unwanted animals there. He suggested doing something so the land will be maintained and not used as a dumping ground.

Councilmember Cullinen asked staff how the wetlands will be managed. Planning Director Dorch responded that weeds will be cut once a year after the plants have seeded, and added that the property owner, Sommers-Oates, will be responsible for debris control.

Assistant City Attorney Nebb noted a wetlands management plan may be required by Council as a condition. Planning Director Dorch noted it is presently there as Condition 37.

Councilmember Berkemeier asked who will monitor the land to insure it is kept free of debris. Planning Director Dorch responded if there were to be a complaint the City would have to step in. Berkemeier said perhaps there should be more "teeth" in the maintenance program.

Councilmember Eder said he was pleased about the retention of on-site wetlands. However, he asked if there might be a mechanism for maintenance by means of an escrow account or something similar. Dorch clarified the purpose and use of wetlands escrow accounts; he emphasized that wetlands can be expected to support a variety of weeds as well as the particular species protected by the wetland. Eder asked if it is possible to improve the appearance of the wetlands while retaining the wetlands characteristics. City Manager Shaddox commented that the whole idea behind retaining wetlands is to retain just those wetlands conditions.

Mayor Fox agreed with Councilmember Eder’s concerns.

Vice Mayor Jensen said it would be foolhardy of Council to approve this project before finding out something about protection of the Laguna de Santa Rosa; further studies need to be done, especially since the 1987 Army Corps of Engineers Wetlands Delineation Guidelines were used. A lot of money is being spent to study the Laguna and its ecosystem, she stated, and she listed concerns including: What is the relationship of the proposed development in regard to water use that would be required for it in light of the State law that requires a guaranteed source of water; what is the relationship of potential sewage output and our sewage capacity with the City of Santa Rosa; what conservation measures would need to be put into place to insure there would not be excess use of water and that conservation is in place with regard to sewage and how it would be treated; onsite monitoring of cultural resources should be required at the beginning and during all facets of disturbance to soils; recycled water should be used at all times during all disturbance of the soil, not just when possible; we need to take a look at the flood history of the area, considering that people with properties near Stony Point/Highway 116 junction experienced flooding when the stoplight was installed at that junction, and that houses surrounding the BP gas station and the shopping center on Highway 116 just west of the freeway were subjected to flooding when that went in; whether one new drain is needed; whether the 44’ curb-to-curb street width encourages high speeds. Most importantly, she stated Council must consider the relationship of this area to the Laguna, and she fears developers hope to get approvals before the federal government prohibits it.

Planning Director Dorch commented that the proposed street widths are larger than they would be in a residential area because they are designed for trucks of an industrial type. He stated that street lengths in the project are not great, so no great speeds can be attained. With regard to water and sewer capacity, he said there is still sufficient water and sewer capacity, and that no permits would be issued if that were not the case.

Vice Mayor Jensen said in the future she would like to know where the City’s present capacity is and what it will be after a project under consideration is approved. Planning Director Dorch responded to questions from Jensen about the Corps Wetlands Delineation Guidelines and her comments regarding flooding.

Councilmember Eder asked how review of flood potential would be handled in the project. Dorch responded, describing the process. Eder asked if the business park were approved tonight, would each individual project be looked at separately, with the water, sewer and flooding issues examined at that time; to which Dorch said yes.

Councilmember Cullinen said he is happy with the on-site wetlands retention.

It was moved by Cullinen, seconded by Berkemeier, to adopt Resolution No. 00-59 Approving a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Kandy Business Park Subdivision Tentative Map.

Yes: 4 No: 1 (Jensen)

It was moved by Cullinen, seconded by Berkemeier, to adopt Resolution No. 00-60 Approving a Tentative Map for a Seven Lot Subdivision on a 12.4 Acre Parcel Located at 521 Helman Lane.

Vice Mayor Jensen asked that Condition No. 52 be amended to require that recycled water "will" be used, instead of specifying recycled water to be used "when possible;" and that Condition No. 42 be amended to require that landscaped areas use native materials instead specifying that native materials "shall be favored."

Planning Director Dorch asked that Condition No. 16 be amended to read "Applicant shall execute a subdivision improvement agreement, in a form approved by the City Attorney, including the required bonds...".

Councilmember Eder raised the question of requiring stricter oversight of wetlands maintenance. Following Council discussion, Planning Director Dorch suggested language which would be incorporated as Condition No. 54: "CC&Rs shall be established that require the creation of an association of the property owners within the subdivision to provide ongoing funding and maintenance of the wetlands area. Said CC&Rs will provide a mechanism to allow the City to enforce the requirements of the Wetlands Management Plan."

The maker and second to the motion agreed to incorporate the requested amendments in their motion and second.

The vote was taken on adoption of Resolution No. 00-60, amended to incorporate changes to Conditions No. 52 and 16 to add Condition No. 54 as written above.

Yes: 5 No: 1 (Jensen)

The meeting was recessed at 9:02 p.m. and reconvened at 9:10 p.m.

Item pulled: No. 6

It was moved by Cullinen, seconded by Berkemeier, to approve all other items on the Consent Calendar.

Yes: 5 No: 0

Item No. 6: Planning Director Dorch requested that #3.4.7 be amended to delete the second bulleted item which reads "Entry to units are not to be visible from any public or private street or accessway" in order to comply with Council's direction at the previous hearing on this matter.

Councilmember Eder suggested substituting language for that item, to read : "Door openings will not front on the exterior perimeter of the facility."

Bert Bangsberg, Manzanita Court, Santa Rosa, who stated he was representing a majority of the property owners on Santero Way, asked for clarification of #3.4.7. Planning Director Dorch suggested revising language to: "No access to storage facilities shall front onto Santero Way." Mr. Bangsberg stated that change was acceptable to Mr. Schollman. Mr. Bangsberg asked, for informational purposes, if tables in the document which presently total 150 units can be assumed to now total 198 units. Planning Director Dorch pointed out that the document is clear that the total is 198 units, prorated among the elements in the various tables in the plan.

Susan Barnes, 8236 Windmill Farms, thanked Council for completing the Santero Way Plan and encouraged developers come to board meetings to discuss their plans to keep lines of communication open.

Vice Mayor Jensen requested that the words "traffic signal" in Item #4 in the staff report be changed to "traffic control measure" as that reflected what the intent of that item is. Planning Director Dorch concurred.

It was moved by Cullinen, seconded by Berkemeier, to approve Item 6, amended to delete the first two bulleted items in #3.4.7 and insert in their place the language, "No access to storage facilities shall front onto Santero Way."

Yes: 5 No: 0

At the conclusion of the vote, Vice Mayor Jensen stated her "Yes" vote was qualified in that, although she is not in favor of the way payments and costs are being distributed, she is in favor of the project.

REGULAR AGENDA

Assistant City Attorney Nebb reported on several issues surrounding mobilehome parks in Cotati, options available to the City, and responded to questions from Council.

Vice Mayor Jensen commented that the amount of affordable housing available in the City is an important part of this consideration, and she asked if that information is available. Nebb responded that, commencing with the end of rent control, the City no longer has any records of affordable housing in the City.

Councilmember Eder asked if there would be a legal conflict if SB 1905 were enacted. Nebb said there would not; Council would repeal its ordinance, or the ordinance could incorporate provision for automatic repeal should SB 1905 be enacted. She added that Council could just wait to see if the bill is enacted and then decide what to do.

Mayor Fox asked if Nebb could discuss the overlay plan of the City of American Canyon; Nebb indicated she would need to study it further to see how it might differ from Cotati’s.

Theresa Eaton, Sierra Mobilehome Park, said if Cotati’s overlay is on file they would like to see it. Councilmember Eder asked which she considered more important: purchase of mobilehomes by park owners and rental of them, or purchase of mobilehomes by park owners and resale of them. She said that the purchase of mobilehomes by park owners and the renting out of them is destroying the intent of the mobilehome ordinance and is an erosion of owner occupied homes that are affordable. They are fearful of development into condominium-like parks. Eder then asked if there are many coach owners want to rent out their coaches. She said to her knowledge all want to live in their own coaches, not rent them out, because housing is so costly.

Grace Foster, Sierra Mobile Home Park, said mobilehome park tenants want to keep units owner occupied; mobilehome rentals are changing the parks into something less desirable. Eventually, she said, she can imagine the units becoming very expensive and not affordable at all.

Patricia Jonas Voulgaris, Dorfman Drive, said she sympathizes with mobilehome park tenants, as well as the park owners who need an income from their properties, and she would like to see a meeting between the tenants and park owners and come to an amicable solution.

Katherine Roberts, 16 Ramble Creek Drive, said it’s hard for people who don’t live in mobilehome parks to understand the problems of tenants of mobilehome parks. She said is seeing more and more rentals. She said Cotati presently has on the books zoning for mobilehomes only and they want it to stay that way.

Steve Guinn, 50 Ramble Creek Drive, said he recalls there is no other city or county that does this. Nebb responded to questions from Mr. Guinn. He said he is aware of a request for information regarding costs of enforcing the mobilehome rent control and asked that the City respond to the request.

George Barich, 176 W. Cotati Oaks Court, said government has created this problem, whether well intended or not. He stated that the City's intervention in market prices for supply and demand has created the problem and he wished Council well in resolving it.

Frenchy White, 9059 Cypress Avenue, whose mother owns Countryside Mobilehome Park, said they have an empty space which has remained empty for two years. No one is buying a mobilehome and moving in, and the owner has to make money somehow. He said he would like to see the matter over and done with.

Vie Mayor Jensen said that since the City’s purpose is to protect affordable housing, she suggested we undertake a housing study funded by the low-moderate income fund, utilizing information from various sources, in order to make a better, more informed decision as to where to go. She believes time should be taken to study the matter carefully.

Councilmember Eder said, in regard to regulating the renting of coaches, that we should contact the League of California Cities legislative analyst to get information as to the status of SB 1905. He added that he doesn’t want to put off acting on this issue, but if SB1905 is coming to approval it wouldn’t make sense for the City to mimic its provisions. Regarding the mobilehome overlay zone, he said he does not see where either American Canyon or Cotati’s ordinance addresses the issue of renting of coaches. Nebb responded that those ordinances only address land uses; they do not prohibit a park owner from buying a coach and renting it out. If that is the goal, she said, our ordinance does not do that; we would have to adopt an ordinance prohibiting it, similar to SB 1905.

Councilmember Cullinen said he would favor waiting to see what happens with SB 1905 before undertaking any action, and contacting the League Legislative Analyst to obtain his opinions.

Mayor Fox said his priority would be to enact some type of ordinance dealing with conversion. Assistant City Attorney Nebb said Planning should confirm that each mobilehome park is actually in a mobilehome park zone.

Vice Mayor Jensen reiterated she would like monies set aside from low-moderate income housing funds for a study on this issue and to take a count on Cotati’s affordable housing stock; she requested staff be directed to determine costs for such a study.

Assistant City Attorney Nebb said staff would be investigating matters which would probably dovetail nicely with Vice Mayor Jensen's request. Jensen emphasized that she wanted to make sure any data used reflects current values and current availability, and perhaps Sonoma State University's Planning Department could be utilized to conduct a survey.

Assistant City Attorney Nebb continued, regarding the suggestion to consider amending the City's present mobilehome rent control ordinance to change the adjustment basis from the Consumer Price Index to Social Security benefits changes. She said she would not recommend that Council do that because it is unknown at this time what the Social Security benefits are tied to.

Vice Mayor Jensen suggested that the City not take any action right now but instead dovetail that question into an economic study on mobilehome owners and look at not only the CPI for the SF Bay Area but also Sonoma County so some determination can be made as to whether to act or not.

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

There was no public comment.

It was moved by Berkemeier, seconded by Jensen, to direct staff to prepare a letter of thanks to Ms. Weissenburger and to advertise in the local newspaper for interested persons to apply through the City Manager's office for appointment to the Sonoma County Paratransit Coordinating Committee, and assign the Assistant to the City Manager to serve until such time as a representative is appointed.

Yes: 5 No: 0

Call to Order

The joint meeting was called to order at 10:21 p.m.

Roll Call

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

Staff present: Shaddox, Morris, Anna, Nebb

Consent Calendar

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

Yes: 5 No: 0

Adjournment of joint meeting; reconvening of regular meeting of City Council

The joint meeting was adjourned at 10:22 p.m. and the regular meeting of the City Council reconvened.

Following discussion, Council consensus was to direct Mayor Fox to vote as it seems appropriate.

-- Brief announcements and reports on Councilmember activities.

Councilmembers reported on meetings they have attended recently.

The meeting was adjourned at 10:30 p.m.

Respectfully submitted,

_____________________________

Deputy City Clerk