11-0325_CC_Minutes_Special MeetingMINUTES
March 25, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
CLOSED SESSION:
Mayor Allevato called the Special Meeting of the City Council to order at
1:02 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
PUBLIC COMMENT:
• Ray Miller, Utilities Commissioner, recommended that the City Council approve the
Consultant Services Agreement with Joe Tait; stated that he has worked closely with
Joe Tait, and felt that he is very professional and has made great improvements in
the Utilities Department; and responded to questions from the City Council.
• Ian Smith, City resident, felt that the City Council agendas should be posted to the
website at the same time that they get posted to their designated locations, in order
for the public to be promptly notified. Maria Morris, City Clerk, clarified that posting
the agenda on the website is not a legal requirement; and that the Special Meeting
Agenda was posted a few hours later in order to post the agenda together with the
staff reports.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54957, the City Council considered the
appointment or employment of an Interim City Manager.
b. Pursuant to Government Code Section 54957.6, the City Council conferred with its
labor negotiator (Council Committee) as to the salary of the
Interim City Manager (unrepresented employee).
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 1:33 p.m. in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance.
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COUNCIL MEMBERS PRESENT. Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Mayor Allevato announced that
previous City Manager Dave Adams, who served the City from 2003-2009 will serve as
Interim City Manager until a new City Manager is selected.
ORAL COMMUNICATIONS: None
CONSENT CALENDAR:
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried unanimously to approve consent calendar item 3 as
recommended by staff, with Council Member Reeve opposed to approve consent
calendar item 3.
1. INTERIM CITY MANAGER AGREEMENT WITH DAVID F. ADAMS, APPROVED
(600.30)
Omar Sandoval, City Attorney, provided an oral staff report.
Public Comments:
• Ian Smith, City resident, wanted to know if the agreement.is an employment
agreement or an independent contract; and felt that having the prior
City Manager working in the City as a consultant was not proper.
Omar Sandoval, City Attorney, clarified that the employment
contract is without benefits.
Council Action: Moved by Council Member Taylor, seconded by Mayor pro tem
Kramer, and carried unanimously to approve an Interim City Manager Agreement
with David F. Adams.
2. PERSONAL SERVICES AGREEMENT WITH MUNICIPAL. MANAGEMENT
GROUP TO PROVIDE- UTILITIES- DEPARTMENT AND OTHER- MANAGEMENT ....
CONSULTING SERVICES, APPROVED
Omar Sandoval, City Attorney, provided a staff report. Cindy Russell, Chief
Financial Officer/Treasurer, responded to questions.
Public Comments:
• Kim Lefner, City resident, felt that there's no need to continue with the
consulting services agreement with Joe Tait since the City has already
settled with Chevron; and had questions pertaining to the Settlement
Agreement with Chevron. Mayor Allevato stated that all inquiries
regarding the Settlement Agreement with Chevron are to be referred to the
City Attorney.
• Kim McCarthy, City resident, was not in favor of approving the agreement;.
felt that Joe Tait has not done the job that he was contracted for; and
provided a handout.
• Ian Smith, City resident, wanted to know who Joe Tait would report to. Omar
Sandoval,. City Attorney, responded that Joe Tait would report to The City
Council and/or the City Manager.
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Council Comments:
• Felt that Joe Tait has done a very good job overall; he has fixed the
Groundwater Recovery Plant; did a good job negotiating with Chevron on the
MtBE issues; stated that Joe Tait was not responsible for the water rate
increases, as a water rate study was done by a separate professional firm;
and expressed confidence that Joe Tait is the right person to assist the City
within the scope of'work in the agreement.
• Stated that Joe Tait is very well respected in the water profession; has saved
the City a lot of money due to his expertise in water; negotiated very well
with Chevron on the MtBE; and felt that he needs to finish a job that's half
way finished.
• Expressed high respect for Joe Tait; and felt that the City needs have him
finish the work on the Groundwater Recovery Plant
• Felt that the City Council is making good progress with the
Groundwater Recovery Plant and moving forward with having an
independent City Manager and Utilities Director; and supported approving
the agreement, as Joe Tait brings valuable talent.
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Council Action: Moved by Council Member Freese, seconded by Council
Member Taylor, and carried 4-1 with Council Member Reeve opposed to approve
a Personal Services Agreement with Municipal Management Group to provide
Utilities Department and other management consulting services; with changes
made to Section 1 — Scope of Work, ...such other management and project
consulting duties as the City Council and/or City Manager may designate.
ROH. CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
3. RESOLUTION 11-03-25-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING SUPPORT FOR FEDERAL FUNDING FOR FY 2011112
CITY WATER RESOURCE DEVELOPMENT ACT PROJECTS
(SENATOR BARBARA BOXER)" AND RESOLUTION 11-03-25-02 ADOPTED
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING SUPPORT FOR
FEDERAL FUNDING FOR FY 2011112 CITY WATER RESOURCE
DEVELOPMENT ACT PROJECTS (SENATOR DIANE FEINSTEIN)" (1050.40)
ROLL. CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Aiievato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
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ADJOURNMENT:
There being no further business, Mayor Allevato adjourned the meeting at
2:07 p.m. to Tuesday, April 5, 2011, at 5:00 p.m. for Closed Session and
6:00 p.m. for a public Business Session, in the City Council Chamber.
Approved: April 5, 2011
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