CITY OF COTATI

July 20, 2004

Minutes of the Special Meeting of the

City Council of the City of Cotati

City Council Chambers

201 W. Sierra Avenue, Cotati, CA 94931-4217

CALL TO ORDER

The meeting was called to order at 6:34 p.m. by Mayor Gilardi.

ROLL CALL

Councilmembers present: Gilardi, Berkemeier, Orchard

Councilmember absent: Kurvers

Councilmember Moore arrived at 6:44 p.m.

Staff present: Stubbings, Anna, Nebb

PUBLIC COMMENT, IF ANY, ON THESE AGENDA ITEMS

Nancy Reynolds asked Council to please do something for the mobilehome park tenants. She said they feel very threatened. She thanked Council for their efforts in the past.

Bob Fleak, Associate Regional Manager for the Golden State Manufactured Home Owners League (GSMOL), spoke regarding the margin of profit realized by mobilehome park owners. He indicated that park owners are doing very well despite their claims to the contrary. He said GSMOL leaders are in consultation with their legal counsel and await the Cotati City Council’s decision with regard to this situation.

Bill Donahue, 28 Oakwood Drive, Sandalwood Estates, Petaluma, said he has been fighting a battle for three years to defend their rent control ordinance. He asked Council to stand by Cotati residents. If there is no appeal, he stated, the effects will be felt throughout California and tenants will be left defenseless.

Elaine Hostetter, President, Sonoma County Mobile Home Owners Association, living in Sonoma, said tenants have paid for the parks many times over and the owners are not hurting for money. She said that seniors will be living in tents if this ordinance is lost. Tenants get nothing for their money, she stated, except a piece of bare land and perhaps a laundry room.

Morgan (inaudible), West Sierra Mobilehome Park, said she will soon be 77 years old. She said she is sick and has income below the poverty line. She said if rent control is lost she sees no alternative but to end her own life. She thanked Council for their efforts in the past.

Jean Phillips, Regional Manager of Region 2, Golden State Manufactured Home Owners League, which includes eight counties, including Sonoma County, said her organization has made a measurable contribution to the City’s defense of mobilehome park rent control in the past and plans to do so again. Funds are limited, as always, she said, but there will be an effort to facilitate Cotati’s legal efforts, if Council votes to go forward in that way.

Ron Foster, Sierra Mobilehome Park, said he has lived there for 23 years. He said he has heard that the park owner has said those on a lease can continue to rent for $350 per month, and those on rent control will pay $750 per month. He asked Council to consider alternatives that would keep rents in line with rent control levels.

Lillian Payne Vaughn, Countryside Mobilehome Park, said she has lived there for 8 years. They receive no services, she said. She thanked past City Councilmembers who put energy into defending mobilehome park rent control, and present Councilmembers as well. She asked Council to remember that the tenants have been taxpayers for a long time and try to help them.

Sam Giacomo, Sonoma, said Council should appeal the decision to the full court of the 9^th Circuit Court. He suggested Council ask for loans from other jurisdictions to help finance the appeal because this decision could affect every mobilehome rent control ordinance in the 9^th Circuit Court District. If park owners will consent to negotiate, he asked Council to try to protect tenants for at least 10 years – more if possible. He said Santa Cruz lost its rent control ordinance because of a lack of funds to support rent control; however, they did negotiate protection for 10 or 20 years. Lastly, he stated, Council could negotiate to purchase the park. He described a San Francisco measure regarding “rent to own” which would enable tenants to eventually buy their residences.

Richard Firestone, said he is doing the best he can to make ends meet. He stated the park owner has not provided proper landscape maintenance among other things. He said tenants need assistance in order to be able to live.

(inaudible) resident of Sierra Mobilehome Park, said she has been sick and lives on less than $1,000 per month. If she has to become homeless, she said she also would prefer suicide. She thanked Council for their help.

Ruth Ann Johnson, resident of Countryside Mobilehome Park, said she is 84 and has lived there for 25 years. She said rent control has been a lifesaver for her and she appreciates that they have had it; it would be a great hardship for her to find affordable housing in the event that rents are increased at her present location. She appreciates what Council has done in the past and hopes they will appeal.

Mayor Gilardi thanked the audience for their comments.

Assistant City Attorney Nebb said that if Council reaches any decision tonight she will report out at the end of the closed session. She offered to call a designated person tomorrow with any information there is to report.

Council convened in closed session at 7:00 p.m.

PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54950.5 ET SEQ, THE CITY COUNCIL WILL MEET IN CLOSED SESSION. MORE SPECIFIC INFORMATION REGARDING THE GROUNDS FOR THIS CLOSED SESSION MEETING IS PROVIDED BELOW.

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Subdivision (a) of Section 54956.9)

Name of Case: Gene Cashman and Athena Sutsos v. City of Cotati

Name of Case: Michelle Berman and The Coalition to Protect Cotati's Future v. City Council of the City of Cotati

RECONVENE IN OPEN SESSION

Council convened in open session at 8:29 p.m.

Assistant City Attorney Nebb reported that the City Council considered the matter of Gene Cashman and Athena Sutsos v. City of Cotati and voted unanimously 4-0-1 (Janet Kurvers absent) to authorize the City Attorney to file a motion for re-hearing with the Ninth Circuit Court of Appeals.

ADJOURNMENT

The meeting was adjourned at 8:32 p.m.