CALL TO ORDER OF OPEN SESSION

Mayor Fox called the meeting to order at 6:45 p.m.

CITY COUNCIL MEETS IN CLOSED SESSION FOR THE REASON INDICATED ON THE ATTACHED NOTICE

Mayor Fox announced Council would meet in closed session for the reason indicated on the attached notice.

Upon the recommendation of City Attorney Walter, it was moved by Cullinen, seconded by Berkemeier to add to the closed session agenda discussion of new litigation (Case name: Cashman v. City of Cotati) pursuant to Government Code Section 54956.9(a).

Yes: 5 No: 0

Mayor Fox called the meeting to order in open session at 7:00 p.m.

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

Staff present: Shaddox, Dorch, Anna, Morris, Kirkpatrick, Walter

It was moved by Berkemeier, seconded by Cullinen, to approve the minutes of the special joint meeting of September 20, 2000 and to waive the reading of all ordinances introduced and/or adopted under this agenda.

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

Vice Mayor Jensen requested that the minutes of September 27, 2000 be amended as follows: On Page 2, delete the reference to Ms. Yesenia Chavez as Honorary Mayor and indicate that she was speaking as a concerned citizen. On Page 8, in Mr. McAfee's comments at the top of the page, delete the word "living" in the second line and insert the word "working".

It was moved by Berkemeier, seconded by Cullinen, to approve the minutes of the regular meeting of September 27, 2000, amended as requested above.

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

It was moved by Berkemeier, seconded by Cullinen, to approve the minutes of the Special meeting of October 4, 2000.

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

-- This Thursday night at 7:00 p.m., Cotati Nite Out will focus on "Farming in Sonoma County" here in the City Council Chambers. Join your friends and neighbors here and enjoy a friendly, informative evening.

-- Candidates Night will take place on Wednesday, October 18 at 7:00 p.m. at Thomas Page School. Meet your City Council candidates and hear their positions on important issues.

Mayor Fox called attention to the announcements.

City Attorney Walter reported that the City Council voted unanimously in closed session to authorize the City Attorney’s office to represent the City in the new litigation.

Honorary Mayor Keophilaphanh introduced herself and gave a brief report. She responded to questions from Council and introduced family members and her school principal. Mayor Fox thanked her for her presentation.

Ms. Abramson spoke briefly about United Nations Day and thanked Council for the proclamation. She requested the City fly the United Nations flag during the observance week.

Vice Mayor Jensen said she would like a variety of people to serve on City commissions and boards and suggested another process be developed to encourage more diversity. Council consensus was to direct staff to place the matter on the next agenda for discussion.

Councilmember Cullinen remarked that he felt qualities of knowledge, commitment and enthusiasm were important to retain on commissions.

Councilmember Berkemeier commented that the knowledge required for effective participation on commissions is not gained overnight but takes time to acquire, and he would not favor replacing someone after a couple of years.

Councilmember Gilardi concurred with Berkemeier and Cullinen’s comments.

Yvonne Van Dyke, 466 Christensen Court, said it will be appropriate to discuss the commission appointment process and said she had recommended other city service opportunities for one of the applicants.

Prue Draper, 718 W. School Street, talked about her experience on the committee and cautioned that people’s ability to actually attend the meetings and do the work must be assessed in each instance. She urged Council to carefully consider that aspect.

George Barich, 176 W. Cotati Oaks Court, said he has enjoyed working with Ms. Draper in various venues but he would also like to have Council review the process once again.

Patricia Jonas Voulgaris, Cotati, said it is discouraging for people to apply and not be selected. She suggested establishing apprenticeships among applicants so that they can step up and take the place of commissioners who no longer wish to serve.

Mayor Fox appointed Prue Draper to a two-year term on the Design Review Board, through August, 2002.

It was moved by Cullinen, seconded by Berkemeier, to ratify the Mayor's appointment.

Yes: 4 No: 1 (Jensen)

Theresa Eaton, 117 Silver Drive, said she is outraged by the mobilehome park owners using the money paid by renters to initiate litigation against the City. She urged Cotati citizens to contribute money to help defend the City in the litigation.

Patricia Jonas Voulgaris, Cotati, said if property such as the Larsen’s property were annexed to the City of Cotati, there could be an extension of Sonoma State University located there, and the resulting visits by parents and others would provide economic benefits to the city.

Eric Kirchmann, citizen of Cotati, stated that the City’s sign ordinance is not enforced. He asked Council to start enforcing the restrictions that exist and review the ordinance to see if the city might be better served with some changes.

George Barich said he agrees with many of the speakers’ comments. He recollected that, two years ago, he noted that most of the signs were removed within a short time after the election. He added that citizens are also responsible for some of the clutter because some signs were torn down and had to be replaced by candidates. He asked the citizens to put up with the campaign for the few more weeks it will last.

Will McAfee, Cotati, said he wanted to express his admiration for the five people who applied for the vacant Council seat. Regarding the signage issue, he said the signs are a visible reminder of our democratic society and he does not mind seeing them.

City Manager Shaddox remarked that staff plans to bring back the sign ordinance for further review.

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

Yes: 5 No: 0

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

Council discussion ensued on the subject.

Will McAfee, Cotati, remarked there is currently a pretty low rate of building in Cotati, but if Monahan Pacific comes in with their project it will attract other retail businesses as well. However, an increase in housing costs would accompany such growth. So the 35 units per year average will become much larger, and a way must be found, he said, to provide low and very low income housing. He added that he felt live-work projects and grants for low-cost housing are good ideas.

George Barich stated that he has been priced out of many areas in California, and the housing problem is not an easy one to solve.

Theresa Eaton, Cotati, remarked that Petaluma has an ecumenical group building units for low-income people. She suggested we reach out for help from the citizens of Cotati, schools, churches, and so on.

Paul Foti, 7883 Old Redwood Highway, said that, first of all, Petaluma and all the cities must get the water and sewer issues resolved.

Following discussion, Council consensus was to receive and file the report.

Call to Order

The Joint Meeting was called to order at 8:25 p.m. by Mayor/Board Chairman Fox.

Roll Call

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

Staff present: Shaddox, Dorch, Anna, Walter, Morris, Kirkpatrick

Joint Meeting Consent Calendar

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

Yes: 5 No: 0

Joint Meeting Staff Reports

City Manager/Executive Director Shaddox gave a staff report and responded to questions from Council/Board.

Michael Karakozoff, 525 E. Cotati Avenue, reviewed his request and responded to questions from Council.

George Barich said he was present when Council considered the fees, and they seemed reasonable at the time. He said it would be risky to begin to back off from the fee schedule that was adopted.

Patricia Jonas Voulgaris, Cotati, said that each case must be considered on its own. She said the Council must encourage business and she recommended Council work something out with Mr. Karakozoff because the City needs the project.

Paul Foti, 7883 Old Redwood Highway, said the fees charged by the City are prohibitive. The engineer’s and attorney’s fees are way too high, he said, and it is not possible to pay so much in fees and build affordable housing. He urged Council to carefully monitor the time it takes all the people involved to process the application.

City Manager Shaddox commented that the City Engineer and City Attorney fees are collected up front and their hours are closely calculated, with any overpayment refunded if justified.

Vice Mayor Jensen suggested the general plan amendment fee be reduced to more nearly reflect what actual costs could be projected to be. The PUD fee, Dorch explained, is more easily justified.

Councilmember Cullinen commented that he recalled reviewing the budget and fees and finding that the City was charging very low fees, almost to the point of subsidizing builders. He pointed out that our fees may be close to those charged in Sebastopol and Sonoma. He indicated he might favor the City Manager’s recommendation.

Councilmember Gilardi acknowledged the high quality of Mr. Karakozoff’s projects in the City. She concurred with Cullinen in being reluctant to set a precedent.

Mr. Karakozoff suggested that perhaps he could pay fees as is, and if there is a change he could get a retroactive adjustment later on. That way he can get on with his project.

Vice Mayor Jensen suggested that money could be used from the low to moderate income fund to help Mr. Karakozoff, and also the general plan fee could be reduced.

Mayor Fox commented that the City’s fees may be a little high, but part of the money is actually deposits. He suggested the general plan fee be made a deposit rather than a fee. He added that the City should look into the extent to which it can utilize the low to moderate income housing fund for projects such as this.

Councilmember Berkemeier said he hopes each Councilmember will consider the use of low to moderate income funds for this project.

Vice Mayor Jensen asked if there are options for using low to moderate income funds. City Manager Shaddox reviewed an earlier discussion on this subject. He said Council could legitimately use low to moderate funds tonight to offset some of Mr. Karakozoff’s costs. Council could also use General Fund moneys but he would not recommend that. He reiterated his recommendation that Council retain its policy of recovering full costs.

It was moved by Cullinen, seconded by Berkemeier, to retain the City's policy of full recovery for services provided by City staff, with the proviso that if fees are determined to be higher than the City's actual costs, Mr. Karakozoff will be refunded the difference.

Vice Mayor Jensen said that that if the cost of services fee study does not change much, she would like Council to consider use of low to moderate income funds.

Councilmember Cullinen said it would be more appropriate to wait until the project comes before Council.

City Attorney Walter commented that the fees will be based on current fee schedule and actual time spent rather than on the new fee study.

The vote was taken:

Yes: 5 No: 0

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

The joint meeting was adjourned at 9:17 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 at 9:28 p.m.

Respectfully submitted,

______________________________

Deputy City Clerk

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Name of case: Centennial Homes, Inc. v. City of Cotati

_______(signed)________________

Deputy City Clerk