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CC MINS 20080324 ADJ MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING/ ORGANIZATIONAL ASSESSMENT WORKSHOP MARCH 24, 2008 The meeting was called to order at 6:04 P.M. by Mayor Stern at Fred Hesse Community Park, 29301 Hawthorne Boulevard, Rancho Palos Verdes, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Clark, Gardiner, Long, Wolowicz, and Mayor Stern ABSENT: None Also present were Carolynn Lehr, City Manager; Carol Lynch, City Attorney; Carolynn Petru, Deputy City Manager; Dennis McLean, Director of Finance and Information Technology; Jim Bell, Director of Public Works; Ron Rosenfeld, Director of Recreation and Parks; Greg Pfost, Deputy Planning Director; John Alvarez, Senior Planner; Gary Gyves, Senior Administrative Analyst; Matt Waters, Senior Administrative Analyst; and Carla Morreale, City Clerk. Also present were the following consultants from Management Partners, Inc.: Jan Perkins, Lynn Dantzker, and David Jensen. Practices Regarding Setting City Manager Compensation (1101) Councilman Gardiner presented a statement regarding two items before Council this evening, the "one hour" rule and the City Manager's Performance Evaluation, which is scheduled for the Closed Session. He stated that he had been unsuccessful for weeks in his attempts to gain access to information and documents that are relevant to the item regarding the City Manager's Performance Evaluation. He noted that he found out late last week that the City Manager's Performance Evaluation had been placed on this evening's Closed Session agenda. He stated that the City Manager had been taking sides in favor of certain Council Members and against others and was circulating information to certain Council Members rather than providing the information to all Council Members on an impartial basis; suggested to staff that they should not take seriously the campaigns of candidates for Council in the November 2007 election, other than Councilman Long and Mayor Stern; suggested that staff should not respond quickly to candidates' queries, other than Councilman Long and Mayor Stern; worked with the campaigns of Mayor Stern and Councilman Long; had taken control of the response to the Hildreth Public Records Act (PRA) request producing few responsive documents; ensured that no audit or competitive bid process was performed for the City's Information Technology (IT) budget; and, allowed the City's IT systems to become so intertwined with those of a City vendor that it would take one year to separate them. Councilman Gardiner reported that the Fair Political Practices Commission (FPPC) had opened investigations into the campaigns of Councilman Long and Mayor Stern due to alleged improper actions of the City Manager and staff in improperly assisting those campaigns during the 2007 elections. He stated that he objected to an increase in pay for the City Manager, the extension of her contract, and the increase in severance pay cap. He stated he was not prepared to take action on the City Manager's Performance Evaluation while there is an active investigation underway by the FPPC. He opined that Mayor Stern and Councilman Long should recuse themselves from discussion of the City Manager's Performance Evaluation in the Closed Session. Mayor Stern stated that the City Manager's Performance Evaluation has been agendized four times and noted that Councilman Gardiner was not in attendance three of the four times. Mayor Stern stated that Councilman Gardiner has made false accusations that were entirely slanderous and noted that Attorney Rawlings had stated that there was no evidence regarding the accusations raised. Councilman Long stated that the accusations made by Councilman Gardiner were unwarranted. He reported that he would provide emails and would be happy to forward materials on the issue that he has in his possession for review. He stated that the City Manager's salary would be decided by the Council and that all decisions should be made in a business-like manner. Jan Perkins, Management Partners, Inc., identified two factors to be considered when determining the City Manager's salary. She explained the first factor was the comparison of salaries with similar cities and the second was a consideration of the compression factor of salary levels that must be paid in order to attract and retain a City Manager level employee. Ms. Perkins presented an overview of City Manager Lehr's requests for compensation. She stated that the City Manager's request for the severance pay provision was for 6 tol 8 months, noting that an 18 month period was on the high end, and the typical range was 12 to 18 months. She reported that the City Manager's present salary is on the low end and if her salary was compared with similar cities the average pay would be $176,000, and if at the 75% compensation level would be at $187,000. She also noted that the City of Rancho Palos Verdes has a fairly high turnover rate. Council questions and staff discussion focused on the salary compression factor; turnover rates; salaries of City Manager's in comparable coastal cities; the retirement of the "baby boomers" era becoming a significant factor; staff attrition in many cities; and, the difficulty for Senior Management staff to feel productive and treated with respect. No Council action was taken at this time. RECESS TO CLOSED SESSION: Mayor Stern recessed the meeting to Closed Session to discuss the City Manager's Performance Evaluation at 6:29 P.M. RECONVENE TO OPEN SESSION: Mayor Stern reconvened the meeting to Open Session at 8:05 P.M. City Council Minutes Organizational Assessment Workshop March 24, 2,008 Page 2 of 9 FLAG SALUTE: The Flag Salute was led by City Manager Lehr. APPROVAL OF AGENDA: Mayor Pro Tern Clark moved, seconded by Councilman Long, to approve the Agenda. Without objection, Mayor Stern so ordered. CLOSED SESSION REPORT: City Attorney Lynch reported that no action was taken in Closed Session, with all Council Members present. PUBLIC COMMENTS: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Appeal of View Restoration Permit No. 2007-00019 [Applicant/Appellant: Dr. and Mrs. Ralph Allman; Foliage Owner/Appellant: Mr. and Mrs. Doug Trowbridge] (1806) Councilman Gardiner and Councilman Long recused themselves from the discussion of the item and left the Council Chambers at 8:08 P.M. Peggi Collins, counsel for Dr. and Mrs. Allman, requested that the public hearing be reopened to address issues raised regarding the age and height of the subject trees of the Appeal of View Restoration Permit No. 2007-00019. Douglas Trowbridge, Rancho Palos Verdes, stated that he objected to the public hearing being reopened, has not seen any grounds of newly discovered evidence, and refuted testimony from the prior meeting. Council and staff discussed the merits and implications of reopening the public hearing. Mayor Pro Tem Clark moved to adopt the resolution as presented by staff. Councilman Wolowicz stated that he believed the item should be continued to hear the evidence Ms. Collins referred to in her statement. City Council Minutes Organizational Assessment Workshop March 24, 2008 Page 3of9 Mayor Pro Tern Clark withdrew his motion. Councilman Wolowicz moved, seconded by Mayor Stern, to continue the matter and direct staff to re-notice the public hearing for the June 17, 2008 City Council meeting. The motion carried on the following roll call vote: AYES: Clark, Wolowicz, and Mayor Stern NOES: None ABSENT: Gardiner, Long Councilman Gardiner and Councilman Long returned to the dais at 8:24 P.M. Councilman Wolowicz left the dais at 8:24 P.M. and returned to the dais at 8:27 P.M. REGULAR NEW BUSINESS: Organization-Wide Management Assessment Final Report (Perkins/ Management Partners Incorporated) (1101) Ken Dyda, Rancho Palos Verdes, commented on four areas in which he felt the Council could work more efficiently including the following: 1) Council Members should consider directing their questions to the appropriate staff members instead of the City Attorney unless the issue is a legal matter; 2) The shortening of Council Meetings by careful consideration of the parameters of appeals and hearings and discussion only on matters the Council should take action on; 3) incorporation of the Six Sigma Process; and, 4) Acknowledgment that each Council Member has the obligation to give thoughtful consideration and philosophy to the matters discussed, but once the decision is made by the Council that decision should not be undermined, which results in polarizing the community. He commented that he hoped the Team Building efforts would be successful for the City Council. The workshop began with a review of the agenda by Jan Perkins, Management Partners. She introduced the Management Partners team, provided an overview of the agenda, helped to set the goals and ground rules, presented a priority list of issues, and assisted in determining a time limit to discuss each issue and an end time for the meeting. The Council compiled a list of priorities of the recommendations made by Management Partners and discussed the immediacy for action regarding some of the items. Recruitment to Fill Budgeted Staff Positions (1202) Ms. Perkins introduced staffing as the first item of discussion. City Council Minutes Organizational Assessment Workshop March 24, 2008 Page 4 of 9 Lynn Dantzker, Management Partners; Inc., provided an overview of the staffing recommendations. Council and staff discussion included the following issues: demands on staff; the creation of Departmental staffing depth in conjunction with the strategic focus; examination of the contracted positions; recommendation for a Human Resources Manager due to the size of the organization; recommendations regarding staffing positions in Public Works to relieve Director Bell of tasks related to administrative and business functions; discussion of either a Traffic Engineer or Civil Engineer; clarification on the number of new staffing positions; the Trail Manager position and concern that there would be overlapping responsibilities with the Palos Verdes Peninsula Land Conservancy (PVPLC); the possibility of outsourcing payroll; the reasons for excessive turnover within the Planning Department; and, the goal to attract and retain quality employees. Councilman Long moved, seconded by Mayor Stern, to instruct staff to bring back a method to implement the additional positions as set forth on Page 134 of the Organization-Wide Management Assessment Final Report with instruction that staff bring an item back for further review, but that the present inclination is to add the positions subject to a review of the job description for Open Space and Trails Manager to address the concerns expressed. Further discussion included the following issues: budget concerns; hiring timelines; responsibilities of the Open Space and Trails Manager; clarification of the motion; further discussion regarding the staff positions; and, the bifurcation of the motion to consider the Public Works positions of Senior Administrative Analyst and Civil Engineer separately from the other positions. Councilman Gardiner requested that organizational charts be created for the City reflecting present staffing levels compared to staffing levels after the additional positions are added. Councilman Long adopted the request as an amendment to the motion. Councilman Long restated his motion to: 1) Direct staff to prepare a method to implement the additional five positions set forth in the Organizational Assessment Final Report with instruction to staff to return with job descriptions for the positions, budget adjustment information, and before and after organizational charts for the City and; 2) Authorize the City Manager to begin the recruitment process for all five positions with the two Public Works positions considered separately on a bifurcated motion. The motion to approve the Public Works positions of Senior Administrative Analyst and Civil Engineer carried on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern City Council Minutes Organizational Assessment Workshop March 24, 2008 Page 5 of 9 NOES: None The motion to approve the remaining three positions of Human Resources Manager, Senior Accountant, and Open Space and Trails Manager carried on the following roll call vote: AYES: Clark, Long, Wolowicz, and Mayor Stern NOES: Gardiner RECESS AND RECONVENE: Mayor Stern called a brief recess from 9:55 P.M. to 10:04 P.M. Organization-Wide Management Assessment Final Report (Perkins/ Management Partners Incorporated) — (continued) Lynn Dantzker, Management Partners reviewed the next recommendation regarding committees and commissions and the discussion included the following issues: staff time expended as support to committees and commissions; the costs and benefits of the different committees/commissions; and, the consideration of setting the scope and purpose of the committees/commissions. She stated that Management Partners made the following recommendations: 1) Review the purpose, costs and outcomes for clarity of the Council and the community; 2) Require an annual work plan including the frequency of meetings to serve as a guide for staff and the committees/commissions; and, 3) Require training for the efficient handling of committee and commission meetings. She stated that statistics were cited in the report regarding the costs of staffing the committees/commissions and comparisons were made with other cities regarding the numbers of committees and commissions used and the size of membership of the advisory bodies. Council discussion included the following topics: staff time saved by the attendance of Council Members at organizational meetings and the use of committees and commissions in saving staff time, which was not reflected in the report; the number of City committees/commissions; size of membership of the committees/commissions; the high number of staff hours required to support committees/commissions; the use of a League of California Cities Work Plan as a potential model; the setting of goals, scope, work plan, authority level, and agendas for the committees/commissions; and, training classes for potential committee/commission members prior to or after the application process. Mayor Pro Tem Clark moved, seconded by Councilman Long, to Direct a "time-out" period for the Emergency Preparedness Committee, Equestrian Committee, Finance Advisory Committee and Traffic Safety Commission; Direct staff to prepare a first draft of the Work Plans (no more than three pages in length) for each of the committees/commissions that would tie in with the Council goals for review and approval by Council; Direct committees/commissions to bring quarterly Work Plan City Council Minutes Organizational Assessment Workshop March 24, 2008 Page 6of9 updates with proposed recommendations and accomplishments of the committee/commission to Council; Direct staff to develop a training program for the advisory bodies; and, Direct staff to provide a summary of cost/benefit of each committee/commission to include information on the amount of support staff time and recommendations regarding the size of each committee/commission. Further discussion included the following topics: the proper structure of the assignment of committee and commission goals and work plans in conjunction with the goals set by the Council; clarification of the work plans; the distinction between citizen opinion and staff's professional advice; a committee/commission's role and the possibility of a commission overstepping their boundaries; and, the manner in which to best work with committees and commissions. The motion carried on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Mayor Pro Tem Clark proposed continuing the rest of the items to another meeting. RECESS AND RECONVENE: Mayor Stern called a recess from 11:02 P.M. to 11:12 P.M. Discussion continued on the priority items suggested by Management Partners, Inc.; a framework for an action plan; staff's progress on several of the recommendations for the IT/Finance Department; and, the future plan to address the remaining items in conjunction with the Council's tactical goals. City Council Rules of Procedure — "One Hour Rule" (306 x 307) Councilman Long moved, seconded by Mayor Stern, to waive the staff report and hear any public speakers. Without objection, Mayor Stern so ordered. There were no requests to speak on the item. Mayor Stern asked that the staff keep track of the effectiveness of the rule and report back to the Council with feedback in six months. Councilman Wolowicz stated that the "One Hour Rule" still troubled him, commented that it thwarted good intentions, and he would not support it. Mayor Stern moved, seconded by Councilman Long, to 1) ADOPT RESOLUTION NO. 2008-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO City Council Minutes Organizational Assessment Workshop March 24, 2008 Page7of9 PALOS VERDES, PERPETUATING THE ADDITION OF RULE 13 TO THE CITY COUNCIL'S RULES OF PROCEDURE, WHICH ESTABLISHES THE PROTOCOL TO REQUEST INFORMATION FROM CITY STAFF; and, 2) Confirm the Repeal of City Council Policy No. 5 — City Requests Policy with the City Manager directed to keep track of the information and report back to the Council in six months. The motion carried on the following roll call vote: AYES: Clark, Long, and Mayor Stern NOES: Gardiner and Wolowicz Amendment to the City Manager's Employment Agreement (1101) City Clerk Morreale reported that late correspondence was distributed on this item prior to the meeting. City Attorney Lynch made a correction to the length of the term of the agreement in Section 2 (Term) from three years to one year to end in 2011. Mayor Stern moved, seconded by Councilman Long, to adopt the proposed contract at the rate of$173,000 per year with a 12 month severance package instead of 18 months. Councilman Wolowicz moved, seconded by Councilman Long, to amend the motion in three areas and to vote on the three amendments separately: 1) the annual salary would be $163,000; 2) the automobile allowance would be $500; and; 3) the severance would be twelve months for the first three years and six months thereafter. Amendment No. 3 to the motion on the severance package carried on the following roll call vote: AYES: Clark, Long, and Wolowicz NOES: Gardiner and Mayor Stern Amendment No. 1 on the salary failed on the following roll call vote: AYES: Clark and Wolowicz NOES: Gardiner, Long, and Mayor Stern Amendment No. 2 on the automobile allowance carried on the following roll call vote: AYES: Clark, Wolowicz, and Mayor Stern NOES: Gardiner and Long The original motion, as amended, with the salary at $173,000, failed on the following roll call vote: City Council Minutes Organizational Assessment Workshop March 24, 2008 Page 8 of 9 AYES: Long and Mayor Stern NOES: Clark, Gardiner, and Wolowicz Councilman Long moved, seconded by Councilman Wolowicz, to approve the original motion, as amended, with the salary at $163,000. Mayor Stern moved, seconded by Councilman Long, to amend the motion bringing the salary to $170,000. Council discussion on the amendment included the following: assertions that the salary was artificially low because of the actions of the previous City Manager; an assertion that $163,000 was significant and that the salary was commensurate with the level of experience; salaries of other City Managers at comparable cities; and, an assertion that the City needed to pay competitive salaries in order to retain good staff. The amendment to the motion with the salary at $170,000 failed on the following roll call vote: AYES: Long and Mayor Stern NOES: Clark, Gardiner, and Wolowicz The original motion, as amended, with the salary at $163,000, carried on the following roll call vote: AYES: Clark, Long, Wolowicz, and Mayor Stern NOES: Gardiner COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Councilman Wolowicz requested that the Organizational Assessment priority list be placed on the agenda for the May 20, 2008 City Council Meeting. ADJOURNMENT: At 11:57 P.M., Mayor Stern adjourned the meeting to Satu •ay, M.;rch 2 2008 at 9:00 A.M. at Hesse Park for a Team Building Session to be folio \ed b the T. • ical Planning Workshop. Mayor Attest: City Clerk W:\City Council Minutes\2008\20080324 CC MINS ADJD REG MTG.doc City Council Minutes Organizational Assessment Workshop March 24, 2008 Page 9of9