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

1. Regular meeting of October 24, 2001

It was moved by Kurvers, seconded by Gilardi, to approve the minutes of October 24, 2001 and to waive the reading of all ordinances introduced and/or adopted under this agenda.

Yes: 5 No: 0

It was moved by Fox, seconded by Kurvers, to approve the minutes of October 20, 2001.

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

Mayor Berkemeier called attention to the announcements.

Honorary Mayor Descano introduced himself and spoke regarding his personal and scholastic activities and goals. He responded to questions from Councilmembers and Mayor Berkemeier thanked him for his presentation.

City Manager Shaddox introduced newly appointed Planning Director David Woltering, who was greeted and welcomed by Mayor and Council.

Mayor Berkemeier read the proclamation and remarked that he will present it to Exchange Bank officers on Friday morning, November 16, at their 60^th Birthday celebration.

Don Van Dyke, 466 Christensen Lane, said at the last regular meeting he had asked questions and raised several points about the bond issue, and he said that his comments were not provided in detail in the minutes. He read a letter providing those details, and the letter will be entered into the record. He urged Councilmembers to acquaint themselves with all of the facts before proceeding with the bond issuance.

None.

Items pulled: Nos. 6, 9

It was moved by Kurvers, seconded by Gilardi, to approve the remainder of the Consent Calendar.

Yes: 5 No: 0

Item 6: Councilwoman Gilardi stated she is abstaining from consideration of this matter because of a conflict of interest: she owns property within 500 feet of the subject parcel.

It was moved by Fox, seconded by Kurvers, to approve Item 6 on the Consent Calendar.

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

Item 9: At the request of Councilmember Fox, Assistant City Manager Dorch provided a synopsis of the report and recommendations and responded to questions.

It was moved by Fox, seconded by Gilardi, to approve Item 9.

Yes: 5 No: 0

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

Jeremy Berenger, Rohnert Park, said he works and plays in Cotati and loves it, as do his friends. They have made ramps and brought them to the Cotati facility and enjoy skating there. He would like to participate in the selection of equipment for the relocated skateboard park.

Kelvin Reid, El Rancho Drive, said he has two boys who skate in the facility and they have made several of the ramps being used. He said the Healdsburg park is an example of a good skateboard park, both for children and adults, and they do not have full-time supervision. He said a skateboard park needs to be constructed of concrete and steel, not asphalt or wood. He said he would like to be of assistance in the creation of the new park.

Mayor Berkemeier commented that the Healdsburg skateboard park was donated to the City and cost about $150,000.

Jessie Reid, El Rancho Drive, said he has friends over 14 years of age and thinks they should be able to skate, too, because everyone has fun.

Maureen McGuiggan, mother of Honorary Mayor Ricky Descano, said she has other children who skate and she supports the park. She would like a safer park and suggested having the kids get involved in a fundraising event to help defray costs of a good skateboard park.

Jeff Conklin, Kingston Lane, said he uses the skateboard park would want to be part of the selection of the equipment for the new park.

Maggie Harryman said she is grateful for the skateboard park. Her son uses the park regularly, she said, and added it is important to keep the kids nearby. She said she wants to be involved and agrees that fundraising by the kids would be a good idea.

Brad Regan, 332 School Street, thanked Council for opening the skateboard park and offered to help with the new location.

Jacob Conklin, said the skateboard park gets closed because of kids not having helmets, and sometimes it is not open during all the hours the sign indicates. He offered to help in the selection of equipment.

George Barich, 176 W. Cotati Oaks Court, said it is clear that the kids need something and this has been expressed over a long period of time. He said he and his friends used to walk their dirt bikes to a location where they could use them, and then walk them back home. He cautioned that the City does not have the money for a skateboard facility, and there are problems associated with the park. There is no security or supervision, and self-policing is not working. There is nothing for the girls, and there are no restrooms. He said private enterprise should handle the skate park – a private donation or major fundraising – but the taxpayers should not have to pay for it.

Patricia Jonas Voulgaris, Cotati, said she is happy to hear there is going to be a skateboard park in Cotati.

Michael Vondolan, 32 E. School Street, asked about the over-14 rule, and Mayor Berkemeier said that is not a hard-and-fast rule at this time. Mr. Vondolan said bathrooms are not a problem; there are bathrooms at the school. He offered to help.

Bill Underwood, 357 E. School Street, said the new skate park will have as many problems as the present one does, and he wants to hear about solutions before Council goes ahead. He said the Healdsburg skateboard park has problems and a pending lawsuit.

Donnie Vondolan said he has never seen urinating or drug deals cited by the previous speaker. He said he built some of the ramps in the skateboard park and enjoyed the park while it lasted.

Lucas Reid, El Rancho Drive, said restrooms should be provided, and there is no urinating going on. He said he wants to help.

Vince Descano, 8151 Clifford Street, said he has collected over a thousand names from people who think a skateboard park should be built in Cotati.

Councilmember Fox said there are some issues to be addressed, and he would like an ordinance put in place allowing the police to get rid of the troublemakers, and there must be rules and penalties. He said he is confident the insurance issue can be handled, but thinks design is crucial. He suggested a combination of City funding with matching fundraising in the community.

Vice Mayor Orchard said she would like to look into corporate sponsorships to see what might be available there. She said she is concerned about approving relocation before insurance issues are clarified and matters of operation and supervision are settled, before the Park Master Plan is completed, and before the ordinance is in place. She suggested determining a location first and having the City’s Recreation Director look at what works and what does not.

Councilwoman Kurvers thanked the speakers for participating and wanting to get involved, and added that the whole community needs to be listened to. She said the original park provided some important information. More research is needed with police, experts in the field, and insurance people so that it can be done right. The location must be studied carefully, and supervision must be addressed – possibly with the help of SSU students or interns. She agreed that the winter months might be a time to look at other parks and draft an ordinance so the police can have some control over undesirable elements, and design can be refined.

Councilwoman Gilardi agreed that there is time to look closely at the troublesome issues and said she would like to see the skateboarders part of the solution. She said there is definitely something needed for girls.

Vice Mayor Orchard said the City of Okotoks is actively promoting parental involvement in skateboarding.

Mayor Berkemeier said it is necessary to move forward. He asked the City Manager to schedule a skateboard park workshop after the holidays and to begin drafting an ordinance.

City Manager Shaddox asked tonight’s speakers to provide staff with phone numbers for notification of the study session to be scheduled for January.

It was moved by Kurvers, seconded by Orchard, to schedule a study session and introduction of an ordinance on a Saturday in January, from 9:00 a.m. to noon.

Yes: 5 No: 0

The joint meeting was called to order at 8:10 p.m.

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

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

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

Yes: 5 No: 0

Assistant City Manager Dorch gave a staff report and responded to questions from Council/Board. He read language suggested by the City Attorney to be added to recommended Policy No. 1: Upon notification of the City, purchaser may refinance the first mortgage loan only for the purpose of obtaining a lower interest rate and lowering monthly mortgage payments as long as purchaser notifies the City of purchaser's intent to so refinance the first mortgage, at least four weeks prior to the time the refinancing occurs. (Added language is in italics.)

Shelly Decker, 101 Chadwick Way, who administers the City's First-Time Homebuyer Downpayment Assistance Program, said Rohnert Park did not address the situation raised by the existing provision No. 3. She said it has come to the forefront recently because of the increase in refinancing. She said historically she has proposed the same program used in Rohnert Park to be used in Cotati. She said the promissory notes do not represent the City’s policies and she recommended the City proceed with Rohnert Park’s program until the present monies are exhausted. She recommended Cotati continue to use Rohnert Park’s program or, if Cotati's program is changed, to fully apprise her well in advance.

Paul Foti, 7883 Old Redwood Highway, said the City can impose suitable policies, and recommended that a provision be added to finance points and title costs also. He suggested a prepayment penalty rather than dealing with interest.

Patricia Jonas Voulgaris, Cotati, asked where the money for the program comes from. Staff responded that the Redevelopment Agency low to moderate income fund is the source of the monies. She suggested getting rid of the program.

Linell Hardy, 8171 Arthur Street, said she is in favor of this program, and said it could be a problem requiring someone to stay in a home for ten years. She advocated supporting Ms. Decker in the loans that are presently in place, while revising the policies later if needed.

Kelvin Reid, 8188 E. School Street, said he and his wife have never bought a home, and now rent is killing them, ever since rent control was lifted in Cotati. He said he works hard and doesn’t expect anyone to give him anything, but feels that a program such as this is a great help in assisting people to get into a home.

George Barich, 176 W. Cotati Oaks Court, said the City needs to stop being in the lending business.

In response to a question from Council, City Attorney Walter stated the Agency may change the rules from borrower to borrower if it wishes, so long as the borrower is fully apprised of the rules under which the loan is made. He emphasized that the goals of the program must be kept in mind.

Shelly Decker responded to questions from Council. She said she has represented the program to about 150 people to date.

City Attorney Walter stated that there appears to be a difference in interpretation of the terms of the promissory note. He suggested resolving the problem at the staff level and returning to Council with recommended language.

Shelly Decker said No. 3, as written by the City, does not contain a formula she can convey to prospective borrowers.

Patricia Jonas Voulgaris, Cotati, said she doesn’t understand Nos. 1, 2 and 3; second, she wants to know how much Ms. Decker is being paid by Cotati and Rohnert Park; and third, she stated the people who signed the papers knew what they were signing.

City Attorney Walter stated he would review the terms of the Promissory Note with the Ms. Decker's attorney to resolve the issues.

It was moved by Orchard, seconded by Fox, to adopt the following policies with regard to refinancing within the First Time Homebuyers Program:

1. Upon notification of the City, purchaser may refinance the first mortgage loan only for the purpose of obtaining a lower interest rate and lowering monthly mortgage payments as long as purchaser notifies the City of purchaser's intent to so refinance the first mortgage, at least four weeks prior to the time the refinancing occurs.
2. With prior City approval, purchaser may refinance to obtain funds for the specific purpose of rehabilitating or making necessary repairs to the home. Upon City approval of such refinance, the borrower shall not sell, transfer, or otherwise dispose of the home or any interest therein within one year of completion of such repairs.

Yes: 5 No: 0

The joint meeting was adjourned, and the regular City Council meeting reconvened, at 9:34 p.m.

-- Brief announcements and reports on Councilmember activities.

Councilmembers reported on meetings they have attended recently.

At 9:49 p.m., Mayor Berkemeier stated that the meeting will be adjourned in memory of the late Walt Taylor, tympanist for the Cotati Philharmonic; Diane Kassebaum, wife of Reserve Police Officer Peter Kassebaum; and Carol Ann Torgelson, sister of Police Sergeant Wally Petersen.

Respectfully submitted,

____________________________

Deputy City Clerk