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February 25, 2008
2�LU g City of Petaluma, California
O MEETING OF THE CITY COUNCIL/
a
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
j85a
Draft City Council/PCDC Minutes
Monday, February 4, 2008
Regular Meeting
FEBRUARY 4, 2008
AFTERNOON SESSION
CALL TO ORDER - AFTERNOON SESSION - 3:00 P.M.
A. Roll Call
Present: Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nou,
Mike O'Brien, David Rabbitt, Pamela Torliatt
Absent: Mike Harris (attending Sonoma County Transportation Authority
(SCTA) Meeting)
B. Pledge of Allegiance
Parks and Recreation Director Scott Brodhun
C. Moment of Silence
PRESENTATIONS
• Water Conservation Raffle for High Efficiency Clothes Washer. (Ban/Iribarne)
Mayor Torliatt
Water Resources and Conservation Engineering Manager Margaret Orr
Elly Iribarne, Petaluma
Ms. Orr announced that Eric Schfotl, Petaluma was the winner of the washer.
Mayor Torliatt
Ms. Orr
• Report and Discussion Regarding the 2006-07 Annual Audit of the City's Financial
Statements. (Carmichael)
Administrative Services Director Steven Carmichael
Nasi Raissian, CPA, Coporicci & Larson
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vol. XX, Page 2
Mayor Torliatt
Ms. Raissian
Mayor Torliatt
Ms. Raissian
Mayor Torliatt
February 4, 2008
Cinde Rubaloff, Finance and Accounting Manager
Mayor Torliatt
Director Carmichael
Mayor Torliatt
PUBLIC COMMENT
John Hanania, Petaluma, thanked Council for appointing Gene Beatty as interim City
Manager. He also spoke about Council Members who do not consistently attend
meetings, and about Council's seating arrangements.
COUNCIL COMMENT
Mayor Torliatt noted that Council Member Harris was not present as he was attending
the Sonoma County Transportation Authority (SCTA) Meeting.
Council Member Nau
Vice Mayor Rabbitt
Council Member O'Brien
AGENDA CHANGES AND DELETIONS - Changes to current agenda only
Mayor Torliatt
Motion: Approve addition of New Business Item 4.E: Resolution Appointing Gene Beatty
Interim City Manager.
Moved by Teresa Barrett, seconded by David Rabbitt.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
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February 4, 2008
Vol. XX, Page 3
Mayor Torliatt suggested and Council agreed to move ahead with the just -added item
at this point instead of waiting until after the other New Business items had been heard.
4. NEW BUSINESS
E. Resolution 2008-024 N.C.S. Appointing Gene Beatty Interim City Manager.
(Carmichael/Robbins)
Motion: Approve E. Resolution 2008-024 N.C.S. Appointing Gene Beatty
Interim City Manager.
Moved by Teresa Barrett, seconded by David Rabbitt.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
City Attorney Danly
Interim City Manager Beatty
AGENDA CHANGES AND DELETIONS - Changes to current agenda only - continued
City Attorney Danly asked to add the following Closed Session to today's agenda:
• CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to California Government
Code §54956.9. Name of case: Brian Heim v. City of Petaluma, Petaluma Community
Development Department, Does 1-100, Sonoma County Superior Court Case No. SCV-241242.
Motion: Approve addition of the following Closed Session to today's agenda:
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to California Government
Code §54956.9. Name of case: Brian Heim v. City of Petaluma, Petaluma Community
Development Department, Does 1-100, Sonoma County Superior Court Case No. SCV-241242.
Moved by Teresa Barrett, seconded by David Rabbitt.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, February 25, 2008. - REVISED FRIDAY, FEBRUARY 1, 2008.
Vol. XX, Page 4
February 4, 2008
Mayor Torliatt asked to add to the February 25, 2008 3:00 p.m. Council
Meeting the following item under New Business: Discussion and Possible
Direction Regarding the Sonoma County Water Agency's Draft FY 08-09
Operations and Maintenance Budget.
Motion: Approve the Proposed Agenda for Regular City Council/PCDC
Meeting of Monday, February 25, 2008, amended to add under New
Business in the afternoon session: Discussion and Possible Direction
Regarding the Sonoma County Water Agency's Draft FY 08-09 Operations
and Maintenance Budget.
Moved by Teresa Barrett, seconded by Samantha Freitas.
Vote: Motion carried 6-0.
Yes:
Teresa Barrett; Samantha
Pamela Torliatt
No:
None
Abstain:
None
Absent:
Mike Harris
2. CONSENT CALENDAR
Freitas; Karen Nau; Mike O'Brien;
A. Resolution 2008-025 N.C.S. Accepting Claims and Bills for December 2007.
(Carmichael)
B. Resolution 2008-026 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range,
and Unit Assignment of Accounting Technician and the Revised
Classification of Accounting Assistant 1/11. (Carmichael/Robbins)
C. Resolution 2008-027 N.C.S. Authorizing the City of Petaluma to Apply for
Funding from the Urban Forestry Grant Program entitled "Green Trees for
the Golden State" as Provided Through Proposition 12. (Brodhun)
D. Resolution 2008-028 N.C.S. Authorizing Execution of Agreement with the
State of California to Apply for and Use Grant Funds to Implement the
Transfer of Responsibility for the Implementation, Enforcement, and
Administration of the Aboveground Petroleum Storage Act (APSA) from
the State Water Resources Control Board (SWRCB) to the Petaluma Fire
Department, Fire Prevention Bureau - Certified Unified Program Agency
(CUPA). (Albertson/Ginn)
Motion: Approve Consent Calendar Items 2A, 2B, 2C, and 2D.
Moved by Teresa Barrett, seconded by David Rabbitt.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
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Abstain: None
Absent: Mike Harris
3. UNFINISHED BUSINESS
Vol. XX, Page 5
A. Verbal Update for Progress on Construction of the Ellis Creek Water
Recycling Facility through December 2007. (Ban/Orr)
Water Resources and Conservation Engineering Manager Margaret Orr
Mayor Torliatt
4. NEW BUSINESS
A. Fiscal Year 2007-08 Mid -Year Budget Review - General Fund.
(Carmichael)
B. Fiscal Year 2007-08 Mid -Year Budget Review - Other Funds, Special
Revenue, Internal Service, PCDC and CIP Projects Funds. (Carmichael)
C. First Reading (Introduction) of Ordinances 2294-2298 N.C.S. Amending
Ordinances No. 2274-2278 N.C.S. to Change Certain Appropriations for
the Operations for the City of Petaluma from July 1, 2007 to June 30, 2008;
PCDC Resolution 2008-01 Approving Adjustments to the Petaluma
Community Development Commission FY 2007-2008 Budget. (Carmichael)
• Introduction (First Reading) of Ordinance 2294 N.C.S. Amending
Ordinance No. 2274 N.C.S. to Change General Fund Appropriations for
the Operation of the City of Petaluma from July 1, 2007 to June 30,
2008.
• Introduction (First Reading) of an Ordinance 2295 N.C.S. Amending
Ordinance No. 2277 N.C.S. to Change Special Revenue Fund
Appropriations from the Special Revenue Funds for the Operation of
the City of Petaluma from July 1, 2007 to June 30, 2008.
• Introduction (First Reading) of an Ordinance 2296 N.C.S. Amending
Ordinance No. 2278 N.C.S. to Change Capital Improvement Project
Appropriations for the Operation of the City of Petaluma from July 1,
2007 to June 30, 2008.
• Introduction (First Reading) of Ordinance 2297 N.C.S. Amending
Ordinance No. 2276 N.C.S. to Change Internal Service Fund
Appropriations for the Operation of the City of Petaluma from July 1,
2007 to June 30, 2008.
• Introduction (First Reading) of Ordinance 2298 N.C.S. Amending
Ordinance No. 2275 N.C.S. to Change Enterprise Fund Appropriations
for the Operation of the City of Petaluma from July 1, 2007 to June 30,
2008.
• PCDC Resolution 2008-01 Approving Adjustments to the Petaluma
Community Development Commission FY 2007-08 Budget.
Mayor Torliatt
Administrative Services Director Steven Carmichael
Vol. XX, Page 6 February 4, 2008
Mayor Torliatt
Director Carmichael
Mayor Torliatt
Director Carmichael
Mayor Torliatt
Director Carmichael
Mayor Torliatt
Director Carmichael
Mayor Torliatt
City Attorney Danly
Director Carmichael
Mayor Torliatt
Director Carmichael
Interim City Manager Beatty
Director Carmichael
Mayor Torliatt
Motion: Approve C. First Reading (Introduction) of Ordinances 2294-2298 N.C.S.
Amending Ordinances No. 2274-2278 N.C.S. to Change Certain Appropriations for
the Operations for the City of Petaluma from July 1, 2007 to June 30, 2008; and
Adoption of PCDC Resolution 2008-01 Approving Adjustments to the Petaluma
Community Development Commission FY 2007-2008 Budget.
Moved by David Rabbitt, seconded by Karen Nau.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
February 4, 2008
Vol. XX, Page 7
1 D. Discussion Regarding Interim Operation of the Wastewater Treatment
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Plant. (Ban) - Added with Revision I : Friday, February 1, 2008.
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Water Resources and Conservation Director Mike Ban
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Council Member Barrett
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Director Ban
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Council Member Barrett
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Director Ban
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Vice Mayor Rabbitt
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Director Ban
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Vice Mayor Rabbitt
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Director Ban
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Council Member Nau
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Director Ban
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Council Member Nau
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Director Ban
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Council Member Nau
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Mayor Torliatt
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Interim City Manager Beatty
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Mayor Torliatt
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Public Comment on Item 4D
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Tom Brandon, representing current employees of Veolia, thought after last
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week's meeting that the City had agreed to take on the Veolia
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employees with a probationary period. He said that taking them on
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"provisionally" would not work because "The City could pick their brains
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for the next six months, and then let them go." He said it would be the
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City's loss if they don't give these people jobs.
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Director Ban
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Mayor Torliatt
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Vice Mayor Rabbitt
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vol. xx, rage U February 4, 2008
Council Member Barrett
Mayor Torliatt
Mr. Brandon
Council direction to staff to present an agreement for Interim Operation of
the Wastewater Treatment Plant at the February 25, 2008 Council Meeting.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION - 4:38 p.m.
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT: Pursuant to California Government Code §54957.
Title: City Manager,
CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code
§54957.6. Unrepresented Employee: Interim City Manager.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION OF LITIGATION: Pursuant
to Subdivision (c) of California Government Code §54956.9: 1 potential case.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to California Government
Code §54956.9. Nome(s) of case(s): Struppo v. City of Petaluma, Sonoma County Superior Court
Case No. 235381; -Amended to add "Brian Heim v. City of Petaluma, Petaluma Community
Development Department, Does 1-100, Sonoma County Superior Court Case No. SCV-241242."
There was no evening session.
Pamela Torliatt, Mayor
ATTEST:
Claire Cooper, CMC, City Clerk