City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION MONDAY, MARCH 1, 2010 CLOSED SESSION 6:00 P.M.

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1 Agenda Item #.C City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION 0 0 Draft City Council/PCDC Minutes Monday, March, 00 Regular Meeting MONDAY, MARCH, 00 CLOSED SESSION :00 P.M. CALL TO ORDER - CLOSED SESSION - :00 P.M. A. Roll Call Present: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code.: BCC Property Holdings, Inc. v. City of Petaluma, Sonoma Superior Court No. SCV. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code.: Regency Centers Corporation v. City of Petaluma, Sonoma Superior Court No. SCV. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION: Subdivision (a) of California Government Code.: El Rose/Hayes Lane Coalition v. City of Petaluma, Sonoma Superior Court No. SCV. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code.: potential case. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of.: potential case PUBLIC COMMENT ON CLOSED SESSION ITEMS. ADJOURN TO CLOSED SESSION MONDAY, MARCH, 00 EVENING SESSION :00 P.M. CALL TO ORDER - EVENING SESSION :00 P.M. A. Roll Call

2 Vol. XX Page March, Present: B. Pledge of Allegiance Boy Scouts attending the meeting. C. Moment of Silence AGENDA CHANGES AND DELETIONS - Changes to current agenda only. announced that CONSENT CALENDAR Item.B would be removed from the CONSENT CALENDAR and heard before Item.A; Item.I had been removed from the CONSENT CALENDAR because the event had been cancelled. asked to continue NEW BUSINESS Item.C to the March, 00 City Council Meeting. PROCLAMATION Petaluma Wetlands Day - March, 00 Bob Dyer, Petaluma, Docent, Shollenberger Park Joan Cooper, Friends of Shollenberger, Petaluma PRESENTATION Report Regarding the 00-0 Annual Audit of the City s Financial Statements. (Sato) Sandra Sato, Interim Finance Director LaVonne Slaton-Amey, Finance and Accounting Manager Interim Director Sato Ken H. Pun, Caporicci and Lawson, Certified Public Accountants Public Comment on Presentation Bryant Moynihan, Petaluma, said that he encouraged all to pay attention in CAFR to unfunded liabilities. He questioned how the City will deal in the long haul with liabilities caused by compensation and retirement.

3 March, 00 Vol. XX, Page Mr. Pun Interim Director Sato Interim Director Sato Interim Director Sato REPORT OUT OF CLOSED SESSION - Actions Taken. PUBLIC COMMENT Richard Brawn, Petaluma, talked about unpaid debt by borrowing from road repair. He spoke about the cumulative cost of not keeping up road maintenance. How many years until the annual road damage equals the entire revenue taken in by the City in that year? Esperanza Morales, Citizenship Class from Petaluma Adult School, Petaluma, said that the class comes every semester to see the City government in action. They all look forward to becoming citizens. Katherine Bobrowski, Petaluma, said that someone else in the mobile home park has been victimized by individuals vandalizing. Zen Destiny, Petaluma, said that California needs a constitutional convention. He thanked for voting to move the East Washington Place Project forward. He also thanked Council Members Harris, Rabbitt, and Healy for understanding the practical necessity of moving the project forward. Wayne Clark, Petaluma, spoke about various ways he supported the Butter and Egg Day Parade fundraisers in town. Maureen Rudder, Petaluma City Schools, Petaluma, said she would like to support the City Council s consideration of eliminating garbage fees for the school districts in Petaluma. Greta Viguie, Petaluma City Schools, Petaluma, spoke in support of the proposal to provide garbage service free of charge to the school district.

4 Vol. XX Page March, Ted Russo, Petaluma Federation of Teachers, Rohnert Park, said that he was raised in Petaluma and lived here for years before moving. He represents teachers and spoke in support of the proposal to provide free garbage collection to the Petaluma school districts. Bryant Moynihan, Petalumans for Fair Utility Rates, Petaluma, said that Petaluma is a very unique place; we have positives and unfortunately some negatives. He claimed that Petaluma charges wastewater ratepayers to pay for storm drain and park maintenance and no other city does that. COUNCIL COMMENT Public Works Director Vince Marengo Director Marengo CITY MANAGER COMMENT.. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of Monday, March, 00. asked to add the Sonoma County Water Agency (SCWA) proposed budget for the next fiscal year and the Capital Improvements Plan (CIP) Update, to the March, 00 agenda. asked to move Item.C, Modify Garbage Franchise with PR&RI, from tonight s meeting to the March, 00 agenda. Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of Monday, March, 00, amended to add the Sonoma County Water Agency (SCWA) proposed budget for the next fiscal year, the Capital Improvements Plan (CIP) Update, and from tonight s agenda, Item.C, Modify Garbage Franchise with PR&RI. Moved by David Glass, seconded by Teresa Barrett.

5 March, 00 Vol. XX, Page Vote: Motion carried -0.. CONSENT CALENDAR A. Resolution 00-0 N.C.S. Accepting Claims and Bills for January 00. (Sato) B. Resolution Consenting to the Termination of the Joint Use and Maintenance Agreement for Park Facilities Between the Victoria Homeowners Association and the West Haven Homeowners Association. (Brown/Duiven) - This item was removed from the CONSENT CALENDAR and heard before UNFINISHED BUSINESS. C. Resolution 00-0 N.C.S. Approving a Planned Use of Expending 00-0 Proposition B Local Streets and Roads Funds, Amending the 00-0 Budget to Include the Protected Left-Turn Signal Upgrade and the Petaluma 00 Various Streets Rehabilitation Projects, and Authorizing Transfer of Funds. (Marengo/Zimmer) D. Resolution 00-0 N.C.S. Accepting the Cycle Federal Highway Safety Improvement Program Grant for the Protected Left-Turn Signal Upgrade Project, Amending the Fiscal Year 00-0 Adopted CIP Budget to Include Project C000, Authorizing a Budget Transfer from Unexpended Street Maintenance Funds to the Project, and Authorizing City Manager to Sign the Grant-Related Documents. (Marengo/Zimmer) E. Resolution 00-0 N.C.S. Authorizing the Filing of an Application for Federal Jobs for Main Street Funding, Stating Assurance to Complete the Project, Petaluma 00 Various Street Rehabilitation, and Approving the Proposed Budget. (Marengo/Zimmer) F. Resolution 00-0 N.C.S. Accepting Completion of the Construction Contract for the Petaluma Various Street Rehabilitation Project No. C000. (Marengo/Zimmer) G. Resolution 00-0 N.C.S. Approving Road Closures for the Cruising the Boulevard, Inc. Car Show and Cruise on Saturday, May, 00. (Fish/Lyons) H. Resolution 00-0 N.C.S. Approving Partial Road Closures for the Enrich and Educate Fund/Old Adobe School District/Athleta Petaluma Footrace on Sunday, April, 00. (Fish/Lyons)

6 Vol. XX Page March, I. Resolution Approving Road Closures for the Open Sports Criterium Bike Race on Saturday, April 0, 00. (Fish/Lyons) - This item was removed from the agenda as the event was cancelled. J. Resolution 00-0 N.C.S. Approving Second Amended At-Will Agreement for Employment of City Manager and Resolution 00-0 N.C.S. Approving Third Amendment to the Agreement for Employment of City Clerk and Authorizing Mayor to Execute Said Agreements. (Brown/Robbins) Motion: Approve CONSENT CALENDAR Items.A,.D,.E,.G,.H., and.g. Moved by Mike Healy, seconded by Teresa Barrett. Vote: Motion carried -0. Motion: Approve C. Resolution 00-0 N.C.S. Approving a Planned Use of Expending 00-0 Proposition B Local Streets and Roads Funds, Amending the 00-0 Budget to Include the Protected Left-Turn Signal Upgrade and the Petaluma 00 Various Streets Rehabilitation Projects, and Authorizing Transfer of Funds. Moved by Teresa Barrett, seconded by Tiffany Renée. Vote: Motion carried -0. recused herself for Item.F and left the dais. Motion: Approve F. Resolution 00-0 N.C.S. Accepting Completion of the Construction Contract for the Petaluma Various Street Rehabilitation Project No. C000. Moved by Teresa Barrett, seconded by Mike Healy. Vote: Motion carried -0. Tiffany Renée Abstain: Pamela Torliatt

7 March, 00 Vol. XX, Page returned to the dais. Item.B was heard next. B. Resolution Consenting to the Termination of the Joint Use and Maintenance Agreement for Park Facilities Between the Victoria Homeowners Association and the West Haven Homeowners Association. (Brown/Duiven) recused himself for Item.B and left the dais. Assistant City Manager Scott Brodhun Assistant City Manager Brodhun Senior Planner Scott Duiven Mr. Duiven Mr. Duiven

8 Vol. XX Page March, Mr. Duiven Public Comment on Item.B Marne Coggan, Petaluma, stated that he formerly was the President of the Victoria Homeowners Association. He stated that he does not remember there being any kind of sunset or termination clause. Jason Davies, Petaluma, stated that he is a resident of Victoria subdivision and remembers that when West Haven was being developed, at no time was it explained that the agreement regarding the park would ever change. He would like to keep the agreement in place. Merle McKinley, Victoria Residential Homeowners Association, Petaluma, stated that she lives between Victoria and West Haven. She asked that the Council vote no on this. She suggested that Victoria and West Haven homeowners get together to see if they can reach an agreement. Michael Burwen, President of the West Haven Homeowners Association, Petaluma, says that the contract has a very clear clause that specifies how the contract gets terminated. He said that notice was submitted to Victoria last June and no one came forward to say they wanted to negotiate something different. Trevor Pitts, President of the Victoria Homeowners Association, Petaluma, said the termination clause was known to be a pure technicality that was probably a requirement of the state. If this goes forward, Victoria and Victoria Residential homeowners will both suffer the loss of all the funds. Catherine Edmondson, Victoria Homeowners Association, Petaluma, said that at time this agreement was put in place, she was on the Victoria Residential Board. She says it was absolutely a condition of approval for West Haven being developed. Her research showed that houses for sale in West Haven list the park and the tennis courts as amenities. Chris London, Petaluma, asked the Council to approve the termination of the agreement between Victoria and West Haven. He and his wife spend about 0 hours a year maintaining the park that is just across the street from their West Haven House. He said the termination clause is required by the State of California. Reva Novey, Petaluma, stated that she was the third family to move into Victoria and asked that the Council not approve the separation. Individuals who live Victoria and West Haven bought their homes with understanding that parks were there. John Martin, Petaluma, stated he is a resident of West Haven. He has ten grandchildren who have never used any park in Victoria. He further stated that the letter of termination was sent nine months ago and not thrust upon them. Further, there are 0 acres around West Haven which are part of a conservancy with paved trails. He said that West Haven is not asking Victoria to financial support for the conservancy.

9 March, 00 Vol. XX, Page Michel Riley, Petaluma, encouraged the Council to pass proposal as presented. He said that he has never set foot in a Victoria park. He spends considerable time and money maintaining the park in West Haven as well as the open space and the wetlands, all of which are used by the public.

10 Vol. XX Page 0 March, confirmed Council s consensus to have the item come back to Council at the first meeting in May and to encourage the homeowners associations to meet regarding the matter to see if consensus can be reached. returned to the dais.. UNFINISHED BUSINESS A. Resolution 00-0 N.C.S. Establishing Council s Goals and Priorities for 00 and 0. (Brown)

11 March, 00 Vol. XX, Page Public Comment on Item.A Zen Destiny, Petaluma, relative to some of the goals, he thought the City should consider take back control of fairgrounds. He further said don t pay policy decisions based on factually inaccuracies. Motion: Approve A. Resolution 00-0 N.C.S. Establishing Council s Goals and Priorities for 00 and 0, amended to add a goal to Pursue placing a measure on the November 00 ballot to increase Transient Occupancy Tax (TOT) fees; and to add the words, and FEMA remapping to the CIP goal to Complete Flood Control project. Moved by David Glass, seconded by Teresa Barrett.

12 Vol. XX Page March, Motion: Amend previous motion to read Approve A. Resolution 00-0 N.C.S. Establishing Council s Goals and Priorities for 00 and 0, amended to add the words and FEMA remapping to the CIP goal to Complete Flood Control Project. Moved by David Glass, seconded by Teresa Barrett. Vote: Motion carried -0. ADJOURN TO ANNUAL MEETING OF THE PETALUMA PUBLIC FINANCING CORPORATION. NEW BUSINESS A. Annual Meeting of the Petaluma Public Financing Corporation. Status Report and Audited Financials for Fiscal Year Approval of Minutes of January, 00. (Sato) Interim Finance Director Sandra Sato Public Comment on Item.A Richard Brawn, Petaluma, questioned if there was a large natural disaster and the airport was badly damaged, who would pick up the debt? If the city picks it up, he said there are difficulties of disclosure based on the fiscal situation of the City. Interim Director Sato Motion: Approve A. Petaluma Public Financing Corporation Status Report and Audited Financials for Fiscal Year 00-0 Minutes of January, 00, as presented. Moved by Teresa Barrett, seconded by Tiffany Renée. Vote: Motion carried -0. RECONVENE REGULAR CITY COUNCIL/PCDC MEETING

13 March, 00 Vol. XX, Page B. Introduction (First Reading) of Ordinance N.C.S. (General Fund); Ordinance N.C.S. (Special Revenue Fund); Ordinance N.C.S. (Enterprise Fund); Ordinance N.C.S. (Internal Service Fund); and Ordinance 0 N.C.S. (CIP and Debt Service Fund) Amending Ordinances,,,, and N.C.S. to Change Certain Appropriations for the Operations for the City of Petaluma from July, 00 to June, 00; PCDC Resolution 00-0 Approving Adjustments to the Petaluma Community Development Commission FY Budget and Second Quarter FY 00-0 Budget Review - General Fund. (Brown) Interim Finance Director Sandra Sato Interim Director Sato Public Comment on Item.B Bryant Moynihan, Petaluma, said that this item is not an urgency item so Council should adopt regular ordinances. He says the problem goes back to 00 when the City Council gave compensation increases they could not afford. Richard Brawn, Petaluma, said adding new taxes will not work. No matter how bad the finances are of this City, they will not be as bad as the finances of a young unemployed couple with children. Every penny of new tax reduces the economic activity by that same amount.

14 Vol. XX Page March, Motion: Approve B Introduction (First Reading) of Ordinance N.C.S. (General Fund); Ordinance N.C.S. (Special Revenue Fund); Ordinance N.C.S. (Enterprise Fund); Ordinance N.C.S. (Internal Service Fund); and Ordinance 0 N.C.S. (CIP and Debt Service Fund) Amending Ordinances,,,, and N.C.S. to Change Certain Appropriations for the Operations for the City of Petaluma from July, 00 to June, 00; PCDC Resolution 00-0 Approving Adjustments to the Petaluma Community Development Commission FY Budget. Moved by Teresa Barrett, seconded by David Glass. Vote: Motion carried -. Teresa Barrett; David Glass; David Rabbitt; Tiffany Renée; Pamela Torliatt Mike Healy Motion: Approve posting the ordinances at City Hall instead of publishing them in the Argus-Courier, as allowed by the City s Charter. Moved by Teresa Barrett, seconded by David Glass. Vote: Motion carried -0. C. Discussion and Possible Direction to () Modify Garbage Franchise with Petaluma Refuse and Recycling, Incorporated, an Affiliate of The Ratto Group of Companies, Inc. ( PR&RI ); and, () Enter Into Agreements with Petaluma, Old Adobe, and Waugh School Districts to Provide, Collectively, for the following: () Allow PR&RI to Use Reserve Garbage Trucks in Petaluma that are Not Exclusively Dedicated for Use in Petaluma.

15 March, 00 Vol. XX, Page () Stipulate that PR&RI Will Provide Free Garbage and Recycling Service for All K- Public Schools Located Within the Petaluma City Limits; () Provide that the Petaluma, Old Adobe, and Waugh Districts Will Continue to Allow the Public to Recreate on Their Campuses After Hours as Has Been Allowed In the Past; and, () Provide Direction to Staff to Negotiate Any Further Benefits from PR&RI that Can Be Achieved. (Healy, Harris) - This item was removed from the agenda and will return at the March, 00 City Council Meeting. ADJOURN Motion: Adjourn meeting. Moved by David Glass, seconded by Teresa Barrett. Vote: Motion carried -0. The meeting was adjourned at 0: p.m. Pamela Torliatt, Mayor ATTEST: Claire Cooper, CMC, City Clerk