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07-1210_CC_Minutes_Adjourned Regular MeetingMINUTES SAN JUAN CAPISTRANO DECEMBER 10, 2007 JOINT MEETING CITY COUNCIL & WATER ADVISORY COMMISSION Mayor pro tem Nielsen called the Adjourned Regular Joint Meeting of the San Juan Capistrano City Council and Water Advisory Commission to order at 7:03 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mark Nielsen, and Mayor Joe Soto (arrived 7:13 pm) WATER ADVISORY COMMISSIONS PRESENT: Tom Lytle, Dan Merkle, Lee Goode, Alan Freisleben, and Chairman Jack Zepp STAFF PRESENT: Dave Adams, City Manager; Cynthia L. Russell, Assistant City Manager; Meg Monahan, City Clerk; William Huber, City Consultant; Eric Bauman, Water Engineering Manager; and Eric Joseph, Water Operations Manager ' ORAL COMMUNICATIONS No communications were provided. DISSUSSION ITEMS CONSIDERATION OF FURTHER DIRECTION REGARDING POTENTIAL FOR CONSOLIDATION OF WATER/SEWER OPERATIONS (City Council Priority No. 23B) (1050.40) Description: In February 2007 the City Council directed staff to investigate the possibility of consolidation of the City's water and sewer operations with one of the three neighboring districts; South Coast Water District (SCWD), Santa Margarita Water District (SMWD), and Moulton Niguel Water District (MNWD). SCWD was the only district to express an interest through response to a detailed Request for Information (RIF) process. This report provides a summary of the SCWD response and compares and contracts SCWD operations, staffing, rates, and financial information with the City's. Staff recommendation as follows: The Council and Water Advisory Commission Commission review and discuss the SCWD response to the RIF and provide further direction to staff and consider the following possible actions: 1) Determine that further ' information is required; and a) direct staff to proceed with development of the financial evaluation of assets and liabilities; acquisition balance; workforce and retirement - integration plan; detailed governance plan; and return to Council for further review; and 12-10-2007 b) appoint two City Council members and two Water Advisory Commission member to — serve with staff on the work plan committee; or 2) Determine, based on the information provided, the City is not interested at this time in pursuing consolidation; and a) direct staff to discontinue any further work on this City Council priority; and b) direct staff to provide the City Council with information regarding an evaluation of the City's water and sewer operations; or 3) Determine from the information provided that there is sufficient reason to pursue consolidation with SCWD and appoint two City Council members and two Water Advisory Commission members to serve on the consolidation negotiation team. Written Communications: Agenda Report and Supplementary Agenda Report prepared by Cindy Russell, Assistant City Manager, dated December 10, 2007. Presentations: Cynthia L. Russell, Assistant City Manager, reviewed the City's efforts to assess the interest and proposals of neighboring water districts in consolidating services and provided a comparative analysis of the interest and proposal provided by SCWD. Mike Dunbar, General Manager of SCWD, reviewed SCWD's proposed approach to consolidation as well as his past experience with district consolidations. The approach to consolidation included maintaining separate service rates and finances while developing a plan for blending the agencies together over time. Additional approach options needed to be further developed for unfunded liabilities and continuance of governance during the blending process. He reported the SCWD plan for a new administrative headquarters, increased challenges acquisition of water resources supplies, biomass treatment, environmental challenges, and plans to join a regional effort to construct an ocean water desalination plant. Bill Huber, Wild Horse Group, consultant to the City, estimated the cost of consolidating the City's water and sewer services with SCWD at $50,000 to $100,000 Public Comment: John Perry, city resident, supported consolidation of the City's water services SCWD. He felt SCWD was more knowledgeable in providing water and sewer services and he supported their efforts to pursue ocean water desalination. He opposed the City's pursuit of a recycled water program. Ray Miller, city resident, former manager of SCWD, and former Water Advisory Commissioner, offered to assist the City, on a pro-bono basis to study the potential of consolidation with SCWD. Discussion: 2 12-10-2007 ' Water Advisory Commissioners discussed issues surrounding the potential advantages and disadvantages of consolidation including potential advantages such as the compatibility of the districts and efficiencies of services provided by a specialized agency. Areas of concern discussed included potential impact to rate payers due to differences in rate structure, change in governance, and differences in storage capacity and facilities, among others. Chairman Zepp opposed consolidation as there is no clear, compelling reason to consolidate. City Council discussion focused on impacts to City rate payers, governance, facilities, and personnel issues. Council members Allevato and Mayor Soto felt that consolidation may provide opportunities and improved service, but further study is needed to develop an approach to areas of concern. Mayor pro tem Nielsen felt that consolidation could result in greater efficiency due to the focus and expert knowledge of SCWD. He also felt the matter needed additional study to analyze the complex issues and concerns with governance and potential impacts to rate payers. Council Members Uso and Hribar opposed consolidation because significant advantages to consolidation were not apparent; rate payers would be distanced from their governing board; and potential rate increases to the City's residents due to differences in rate structure and average lot size. Dave Adams, City Manager, reported further study would require at least six to nine ' months and the on-going impact to employees is continued uncertainty and may postpone hiring a department director. Water Advisory Commission Action: Moved by Commissioner Friesleben, seconded by Commissioner Merkle, and carried 4- 1, with Chairman Zepp in opposition, to recommend to the City Council to direct staff to proceed with development of the financial evaluation of assets and liabilities, acquisition balance, workforce and retirement integration plan, and detailed governance plan related to a potential consolidation of the City's water and sewer services with the South Coast Water District; and return to the City Council for consideration ROLL CALL: AYES: Commissioners Lytle, Merkle, Goode, and Friesleben. NO: Chairman Zepp ABSENT: None Council Action: Moved by Mayor Soto, seconded by Council Member Uso, and carried 3-2 with Council ' Members Uso and Hribar in opposition, to direct staff to proceed with development of the financial evaluation of assets and liabilities, acquisition balance, workforce and retirement integration plan, and detailed governance plan related to a potential 3 12-10-2007 consolidation of the City's water and sewer services with the South Coast Water District, on an expedited basis; and return to the City Council for consideration; and b) in a parallel effort, but not necessarily in conjunction with the staff direction, appointment of two Council Members and two Water Advisory Commissioners to serve with staff on a work plan committee. ROLL CALL: AYES: Council Members Allevato, Nielsen, and Mayor Soto NO: Council Members Uso and Hribar ABSENT: None ADJOURNMENT There being no further business, Mayor Soto adjourned the City Council meeting at 10:12 p.m. Tuesday, December 18, 2007 at 5:30 p.m. for Closed Session and 6:30 p.m. for the Public Business Session in the City Council Chamber. Chairman Zepp adjourned the Water Advisory Commission meeting at 10:12 p.m. to Tuesday, December 18, 2007 at 8:00 a.m. in the City Council Chamber 4 12-10-2007