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HomeMy WebLinkAboutSupplemental Information Distributed after Posting of Agenda7 Robin Roberts From: Jill Ingram Sent: Monday, October 24, 2016 3:47 PM Cc: csteele @rwglaw.com; Executive Team; Joe Miller, Phil Gonshak Subject: RE: Agenda Comments and Questions for the Ocotber 24 City Council Agenda Package Attachments: City of Seal Beach Succession Plan page 1 only.docx BCC: CITY COUNCIL Please see responses below to the Council member questions regarding tonight's agenda. Staff will address any additional questions at the meeting tonight. In the meantime, please call if you would like to discuss further. Jill R. Ingram, City Manager City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431 -2527 Ext. 1300 For Information about Seal Beach, please see our city website: htto:/ /www.s"lboachca.aov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: miller.sbcc @earthlink.net [mailto:miller.sbcc @earthlink.net] Sent: Sunday, October 23, 2016 9:50 PM To: Jill Ingram Cc: csteele @rwglaw.com Subject: Agenda Comments and Questions for the Ocotber 24 City Council Agenda Package Jill Please provide me with input to my comments and questions below. Thanks, Gary Agenda Item A: Climatec Has the projects at the Marina Center and FS 44 that the Council approved on July 25,2016, been put on hold? Yes. Item E: Conflict of Interest Code Update A presentation may be need for this agenda item. Section 5 of the Resolution states "Persons holding designated positions listed in Exhibit C, Disclosure Categories..." However, there are no "positions listed in Exhibit C ". Positions are listed in Exhibit B. As referenced in Section 4, the List of Designated Employees is Exhibit B. The intent of Section 5 is to reference Exhibit C as the Disclosure Categories. Changes can be made as follows: Section 5. Persons holding designated positions listed in Exhibit B G, Diselosure Categ shall file Statements of Economic Interest pursuant to this section of the Conflict of Interest Code with the information required for the disclosure categories as assigned to them in Exhibit C – Disclosure Categori es. Senior City Attorney is not covered in code update. The listing of "Assistant City Attorney" provides the reporting requirement for any Attorney that may work on behalf of the City. This distinction is provided to differentiate from the City Attorney who reports pursuant to GC 87200. In reading Resolution Exhibit C, Disclosure Categories, it is difficult for a member of the public to easily grasp the relevance of the text to the essential question here —what Schedules in the FPPC Form 700 is each Category required to complete? Could this be added to Exhibit C? These are the Schedules: Schedule A -1 Stocks, including those held in an IRA or a 401 K Schedule A -2 Business entities Schedule B Rental property in the jurisdiction Schedule C Non - governmental salaries of public official and spouse/registered partner Schedule D Gifts from businesses (such as tickets to sporting events) Schedule E Travel payments from third parties (not your employer) As the Model Code (Exhibit A) and Form 700 may be amended from time to time, the proposed Code provides broaden uniformed disclosure categories and incorporates the above reporting requirements by reference. Should changes be made to the Form 700 Schedules having this level of information in the Code may be confusing rather than helpful. The designate employee is to identify what schedule would be required based on the broader reporting category (1 -4). The Code is provided to identify all officials and employees within the agency who make governmental decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests as specified in the agency's conflict of interest code disclosure category. Form 700 is the reporting mechanism for this process. The above list of schedules are provided in Form 700, a public record. To help identify potential conflicts of interest, the law requires public officials and employees in designated positions in a conflict of interest code to report their financial interests on a form called Statement of Economic Interests (Form 700). The conflict of interest codes and the Form 700s are fundamental tools in ensuring that officials are acting in the public's best interest and not their own. Currently, consultants who have the authority to "issue or deny ... permits" must complete all of the Form 700 Schedules. Will this still be true with the new resolution? Yes, the language in the proposed Code indicates that consultants are required to report Disclosure Category 1— Broad Responsibilities — Full Disclosure. Exhibit B of the Resolution includes the following language: *Individuals who either (1) serve in a newly created or (2) provide services as a "consultant" as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser. The staff report (top of page 2) states that the Resolution has an Appendix D with Forms 804/805. However, I don't see any reference to this Appendix in the body of the Resolution. Exhibit D, FPPC Forms 804 and 805 are the forms to be used when the City designates a new position, or establishes the reporting requirements for a contracted consultant, as referenced at the bottom of Exhibit B. The forms are included for administrative efficiency, so that all necessary documents are in one place. Agenda Item F: Retire Health Liabilities Please provide a Presentation on the General Findines section of the Executive Study that address all of the dollar amounts shown in the section. The $9,009,036 appears to be a present value number; if so, what is the discount rate and for how many years? The consultant is reviewing the questions and will address them at the meeting tonight. The Recommendations section of the Executive Summary identifies six recommendations that are not addressed in the staff report. If and when will these recommendations be addressed? The consultant makes the recommendations in general and not necessarily specific to Seal Beach. While the City is currently meeting most of the recommendations, the consultant makes the "recommendations based upon information gathering to assist with future reports." The consultant will address the purpose of the recommendations at the meeting tonight. Agenda Item H: Succession Plan Please provide a Presentation and discussion of this a¢enda item. I do not see this as a clear succession plan, i.e., one person coming (training) after (to replace) another person in order. There are five critical components to a succession plan as defined throughout the document: o Identify Critical Positions - Job Classifications, pages 24 -164 o Identify Competencies - How to become competent in each position, pages 24 -164 o Identify Succession Strategies - How to prepare each employee to for each position by providing them a map on what to complete, prior to becoming interested and/or applying for the position (listed throughout the entire document) • Document and Implement Succession Plans - Create the document and identify individuals who are wishing other promotions throughout his/her career (surveys and evaluations), pages 191 -192 • Evaluate Effectiveness - The annual evaluation process is handled by each Department Head, if ineffective, each Department Head will evaluate a needs assessment and present them to the committee, page 165 The report lists the requirements needed for most city positions at the time of hire. Were all of these requirements taken from Council- approved classification statements (job descriptions)? Council- approved classification shall always have priority over the Secession Plan for any inconstancies. • This report is comprehensive, meaning job descriptions/duties were listed in part with the classifications and training, i.e. mandatory and essential training for each position. The desirable training areas were left to each individual Department Head as to encourage future advancement throughout the organization. Nonetheless, Council approved classifications will always have priority over the succession plan. Some titles do not have Council- approved clisifications. e.g., Neighborhood Services Officer, and some job titles are missing, e.g., Building Officer. Where is the Maintenance Manager? • Several of the titles listed throughout the document are a direct reflection of the duties our staff currently performs. However, as discussed during the strategic planning event last week, when the job classification/compensation is completed it will be integrated into this document to directly reflect any /all changes as described by the City Council. Why was an employee (Philip Gonshak) develop the Succession Plan in his own name rather than having the City own the copyright? Did Phil create the document on his own time, uncompensated? What is the purpose of copyrighting this document? Does it limit public access to changes /updates? This document was created by all staff listed on page 13. As you will note on page F of the Strategic Plan matrix in Agenda Item G, the Acting Police Commander, Phil Gonshak, was identified as the Succession Plan lead, with representatives from each department. None of the work was created on Phil Gonshak's own time. As attached, the copyright language has been removed since it was taken from a template document. Agenda Item I: Transtech Engineers What is the cost of services that Transtech Engineering has provided in 2016 through October 21? Total amount invoiced and paid to date is $19,282.78. Robin Roberts From: Jill Ingram Sent: Monday, October 24, 2016 3:23 PM Cc: Craig A. Steele (CSteele @rwglaw.com); Robin Roberts; Michael Ho; Jim Basham; Patrick Gallegos; Vikki Beatley Subject: RE: Additional Questioons BCC: CITYCOUNCIL Please see responses below to additional Council member questions regarding Agenda items 1 and K on tonight's agenda. Jill R. Ingram, City Manager City of Seal Beach • 211 Eighth Street, Seal Beach, CA 90740 (562) 431.2527 Ext. 1300 I� For Informatlon about Seal Beach, please see our city website: htto://www.smlbeachca,aov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: miller.sbcc0earthlink.net [ mailto :miller.sbccc&earthlink.netl Sent: Monday, October 24, 2016 1:15 PM To: Jill Ingram Subject: Additional Questioons JJJ I have the additional questions below. Thanks. Gary Agenda Item J: Slurry When the project was approved by Council on 6/27/16, Resolution 6659 authorized $5000 for inspection. The NOC indicates that no money was spent on inspection. Who did the inspections of the work? City staff performed all the inspections for this project. [Agenda tem K: Concrete When the project was approved by Council on 6/27/16, Resolution 6661 authorized $3500 for inspection. The NOC indicates that no money was spent on inspection. Who did the inspections of the work? City staff performed all the inspections for this project. Staff indicate that there were some changes to the planned locations (originally presented and approved by Council on 5/9/16 as Attachment A). What locations were dropped from the 5/9/16 list, and what were added? Localtlons RMWded Address 3870 Wisteria St 3930 Wisteria St 1305 Sandpiper Dr 409 Beryl Cove Wy 100 Loyola PI 101 Princeton Cir Locatia+s Added 440 Electric Ave 384 Corsair Wy 911 Electric Ave 4764 Fir Ave 4633 Fir Ave 4732 Fir Ave 133 Stanford Ln 264 College Park Dr 272 College Park Dr 1100 Catalina Ave 905 Marvista Ave Robin Roberts From: Jill Ingram Sent: Monday, October 24, 2016 3:52 PM Cc: Craig A. Steele (CSteele @rwglaw.com); Robin Roberts; Patrick Gallegos; Jim Basham; Michael Ho Subject: RE: RE: Additional Questioons BCC: CITY COUNCIL As indicated in the staff report, Item K, during construction a few locations throughout the City were found to be of lower priority. Those locations were removed from the list and replaced with locations of a higher priority. The priority determination was made to reduce the City's potential liability based upon the contractor's inspection of existing conditions of concrete deviations that created a much more significant risk of trip and fall injuries. JIII R. Ingram, City Manager City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431 -2527 Ext. 1300 r For Information about Seal Beach, please see our city website: httpJ/www.swlbeachca.aov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the Intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: miller.sbcc(tearthlink.net rmallto :miller.sbcc(Oearthlink.net1 Sent: Monday, October 24, 2016 3:36 PM To: Jill Ingram Subject: Fw: RE: Additional Questioons Jill, Why were some addresses added and some removed from the list? Thanks, Gary - - - -- Original Message---- - From: Jill Ingram Sent: Oct 24, 2016 3:22 PM To: Cc: "Craig A. Steele (CSteele0rwalaw.coml" , Robin Roberts , Michael Ho , Jim Basham , Patrick Gallegos , Vikki Beatley Subject: RE: Additional Questioons BCC: CITY COUNCIL Please see responses below to additional Council member questions regarding Agenda items 1 and K on tonight's agenda. Jill R. Ingram, City City of Seal Beach - (562) 431 -2527 Ext. En Manager 211 Eighth Street, 1300 Seal Beach, CA 90740 For Information about Seal Beach, please see our city website: hftD://www.eealbeachca.aOV NOTICE: This communication may contain privileged or other confidential Information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and Immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: miller.sbccCcDearthlink.net rmailto :miller.sbcccearthllnk.net] Sent: Monday, October 24, 2016 1:15 PM To: Jill Ingram Subject: Additional Questoons JJ L I have the additional questions below. Thanks Gary Agenda Item J: Slurry Seal When the project was approved by Council on 6/27/16, Resolution 6659 authorized $5000 for inspection. The NOC indicates that no money was spent on inspection. Robin Roberts From: Jill Ingram Sent: Monday, October 24, 2016 10:45 AM Cc: Craig A. Steele (CSteele @rwglaw.com); Robin Roberts Subject: RE: Item E BCC: CITY COUNCIL Please see response below to the Council member inquiry regarding Item E on tonight's agenda: Attachment A is the existing Conflict of Interest Code listing different disclosure categories for each department. Attachment A is the proposed Conflict of Interest Code where Exhibit C to the Resolution provides the new disclosure categories (1 -4) for all employees. Change to the existing were made to provide uniformity in disclosure categories across departments. There is currently not a standard set of disclosure categories, however some cities do require all designated employees to provide full disclosure. If Council prefers, Category 1— Broad Responsibilities or Full Disclosure can be applied to all designated employees. Form 700 is not required to be attached to the resolution as the model Conflict of Interest Code is both attached as Exhibit A and any updates provided by legislation are incorporated by reference. Staff will address any additional questions /comments at the meeting tonight. In the meantime, please feel free to contact City Clerk Robin Roberts if you would like to discuss further. Jill R. Ingram, City Manager City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431 -2527 Ext. 1300 For Information about Seal Beach, please see our city website: htto: / /www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. - - - -- Original Message---- - From: Mike Varipapa Sent: Sunday, October 23, 2016 7:19 PM To: Jill Ingram Subject: Item E Hi- If it gets pulled, it seems like the disclosures go from 1 -6 and items 2 -6 require more detailed disclosure and are likely to expose potential conflicts? Wondering why isn't every city employee treated the same? Seems like the higher up one is the more Influence on city actions they are likely to have. Is more required in Form 700? Was that form needed in the attachment? Thanks, Mike Robin Roberts Prom: Jill Ingram Sent: Monday, October 24, 2016 11:44 AM Cc: Craig A. Steele (CSteele @rwglaw.com); Robin Roberts; Vikki Beatley; Patrick Gallegos Subject: RE: Oral Communications Stephen Wontrobski Letter BCC: CITY COUNCIL The City of Seal Beach is NO2 overpaying for OCFA services. The City is charged for services in compliance with the Joint Powers Agreement. The City benefits from caps (4.5 %) on annual contract charges from OCFA, which means OCFA must absorb cost increases that exceed the annual cap. The majority of funding issues raised by Mr. Wontrobski relate to cities that are funded by property taxes. As you know, Seal Beach is a cash contract city, not a property tax funded city. The OCFA has no control over how much property tax revenue it receives from any one member city. Property taxes are equal among all in that every homeowner pays 1% and every homeowner receives equal fire services. Please call if you would like to discuss further Jill R. Ingram, City Manager City Of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431 -2527 Ext. 1300 For Information about Seal Beach, please see our city website: httm/Mrww.sealbeacheiii NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: mlller.sbcc0earthlink.net rmailir niller.sbc:(&earthl ink, netl Sent: Sunday, October 23, 2016 12:13 PM To: Jill Ingram Subject: Oral Communications Stephen Wontrobski Letter Jill, The subject letter was in my Council meeting package. I assume he is incorrect about the Seal Beach cost is more because of the number of calls to Leisure World? I know this is David's area, but is there any substance to Mr. Wontrobski's claim that Seal Beach is over paying for OCFA services? Thanks, Gary Who did the inspections of the work? City staff performed all the inspections for this project. lAeenda tem K: Concrete When the project was approved by Council on 6/27/16, Resolution 6661 authorized $3500 for inspection. The NOC indicates that no money was spent on inspection. Who did the inspections of the work? City staff performed all the inspections for this project. Staff indicate that there were some changes to the planned locations (originally presented and approved by Council on 5/9/16 as Attachment A). What locations were dropped from the 5/9/16 list, and what were added? Locations Removed Address 3870 Wisteria St 3930 Wisteria St 1305 Sandpiper Dr 409 Beryl Cove Wy 100 Loyola PI 101 Princeton Cir Locations Added 440 Electric Ave 384 Corsair Wy 911 Electric Ave 4764 Fir Ave 4633 Fir Ave 4732 Fir Ave 133 Stanford Ln 264 College Park Dr 272 College Park Dr 1100 Catalina Ave 905 Marvista Ave