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HomeMy WebLinkAboutCC Min 1999-11-01 10-25-99 I 11-1-99 I the Recreation Department, the 1999 Haunted House at 310 Ocean Avenue, from 5:00 to 7:00 p.m. on Halloween. He mentioned having received a letter from Mike Ward, Counci1member in the City of Irvine, requesting support to be re-e1ected to the board of the Orange County Transportation Authority, he a friend and past colleague from the Fire Authority, past Chair, the vote to be taken at the November 4th League meeting. Councilman Boyd expressed appreciation to the Director of Public Works for the $843,000 grant application for the bike trail. Councilman Snow said he hoped that everyone had the opportunity to read a reprint in the October 20 Los Angeles Times of an article from 1938 relating to flood related deaths, unknown to many is the amount of money that has been spent to prepare for a future flood of that nature, at the head of the Santa Ana River there is the Seven Oaks Dam which is to be dedicated on November 18th, the Santa Ana River Flood Protection Agency will hold an important meeting on November 4th, again suggesting that people try to read the reprint of the 1938 article. Mayor Yost announced the passing of Diane Schmidt this date, a valuable member of the community, survived by her three daughters and husband, she will be missed. The City Manager suggested consideration of canceling the November 22nd meeting which has traditionally been done prior to the Thanksgiving holiday. CLOSED SESSION No further Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 11:00 p.m. Approved: tfM~r ~'<Pm( 12 City Clerk I Attest: I Seal Beach, California November 1, 1999 The City Council of the City of Seal Beach met in special session at 9:02 a.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None 11-1-99 Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk Mayor Yost read the Notice of Special Meeting as follows: "Paul Yost, 485 Schooner Way, Seal Beach Shawn Boyd, 229 - 7th Street, Seal Beach patricia Campbell, 4433 Ironwood Avenue, Seal Beach William Doane, 1401 Skokie Road, 83-A, Seal Beach Paul Snow, 1621 Interlachen Road, 265-K I NOTICE IS HEREBY GIVEN that pursuant to Government Code Section 54956 a special meeting of the Seal Beach City Council is hereby called for Monday, November 1st, 1999 at 9:00 a.m. in the City Council Chambers, 211 - 8th Street, Seal Beach, California, for the purpose of: Meeting in Closed Session pursuant to Government Code Section 54957, to discuss Personnel Matters, City Manager performance evaluation. DATED THIS 29th day of October, 1999. Signed: Councilmember Shawn Boyd Councilmember patricia Campbell Councilmember Paul Snow by: I Joanne Yeo, City Clerk City of Seal Beach" PUBLIC COMMENTS Mayor Yost declared Public Comments open. Ms. Sue Corbin, Seal Beach, claimed that other cities have realized problems by taking budgeted monies and spending them elsewhere, staff needs to seek Council authorization to move funds around, in this case the City Manager is proposing to spend budgeted money for something that will aid his performance evaluation, to that she said there is need to follow the rules, abide by the Constitution, if so there will be less infighting and conflicts, otherwise the City will not survive. Mr. Reg Clewley, Seal Beach, spoke favorably of the Council discussing the performance of the Manager, evaluating if the proposed $5,000 would be well spent, the whistle blower retaliation issue should be considered as well. He noted at the last meeting a neighboring property owner of his came forth to speak of what a good job the Manager was doing, the following Wednesday that person was observed meeting with the Manager where it is understood the person brought forth complaints regarding an adjacent property to his, to which Mr. Clewley said he then received registered letters advising of an upcoming property inspection and of an alleged inoperative vehicle. Mr. Clewley stated that the vehicle in question has a rebuilt engine and new transmission, is in excellent condition, the City has no right to say how long one can leave a vehicle in their driveway nor order that it be moved inside of a garage, vans exceed the height of a garage door, the City can not require that property owners I 11-1-99 install eight foot garage doors, stating there is no abandoned vehicle on his property, and other persons have similar situations. I The City Manager explained that it was his idea to bring in a facilitator, there are presently no clear evaluation measures for things within the control of the City Manager, it was felt this could improve upon the evaluation process, possibly help the Council and himself get back on track and achieve the goals that have been set by Council. Comments he has heard are that a facilitator is not needed, it can not be afforded, yet it is his belief that the City can not afford to not do this, a fear is that if the current lack of communication continues projects will not be done, deadlines will not be met, etc., this proposed action would provide clear measurable guidelines, the public is asking that the Council and staff start working together yet said he does not have a clear sense of where things are going, the Council has said they want to do things better yet he is having difficulty translating some of the goals into action, the Council and Manager could sit by passively yet he would not then be fulfilling his duties, communication problems between a Council and Manager are not unique. The Manager said through professional resources he was able to make contact with the consultant, Dr. Mathis, that may be able to help. With regard to the use of unused travel and meeting expense funds to cover the cost, the use of these funds for a facilitator would not be uncommon, this need was not known at budget time, this is something within his authority and obligation to do. He noted that the facilitator was present and ready to proceed if that was the desire of the Council, yet if a majority does not choose to participate that is at the discretion of the Council. In reference to the comments of the Manager, Councilman Boyd expressed disappointment in that the contract of the City Manager sets forth the measurements of performance, therefore it is not certain why he would not understand how performance is to be measured. He stated he felt the manner in which this issue was brought to the Council was inappropriate, he received the memo by FAX, the secretary was to schedule appointments with the consultant, yet the City Manager contract states that it is up to the Council to do the evaluation, that has not yet been done, with regard to the expenditure of money said that is commonly done with Council input, these are the reasons for requesting this meeting. The Mayor mentioned that he has been requesting a facilitator for a team building session for some time, as long as there is a lack of communication there will be ongoing problems, if the money is the issue he would be willing to pay the cost, a discussion of the problems has been brought up before, he would like to see the Council get along and function as a whole, this needs to come from the top and he supports the proposal. Councilmember Campbell said she did not support this, problems do not necessarily start with the Council, rather the Manager, the performance measures are in the contract, the Council is to evaluate the Manager not evaluate the Council. Mayor Yost countered that all need to take responsibility, the City Clerk and City Attorney have problems and need help as well. Councilman Snow referred to himself as an amateur member of the Council, when approached to call this meeting he was not fully aware of the issue, yet he feels that the Council and staff needs to get back on tract, that is important, he is realizing that there are problems, more acute than he heard of some weeks ago, his desire is to contribute something to make things better. Councilman Doane said it is believed he I I 11-1-99 misunderstood when he received the City Manager memo and the call from the secretary, later found that this was to begin the evaluation process, his feeling is that this scheduling should have been discussed, comments are being made with regard to problems involving the Council yet there is nothing in the contract for the consultant relating to the Council, it is the City Manager. He mentioned having participated in the prior evaluation, and offered that he feels the Manager is making an attempt to correct certain needs and personnel issues. Councilman Doane expressed his opinion that a facilitator is not needed, however some outside assistance could possibly be supported. Dr. Bill Mathis, management psychologist, said he has worked with the League of Cities, the National League, the lCMA, has spent considerable time working with city councils and boards of directors, not only doing evaluations but setting up systems, possibly about a hundred sixty cities, some of the best run cities are those who evaluate or revise their system whenever a new councilperson comes on board, when there is a short tenure on a councilor board it is difficult to know all of the things that need to be done, he has a list of some of the things that a city manager needs to do, he has worked with some cities where council's have difficulty talking to one another or have communication problems with the manager, there is usually a history, and that needs to be refined to help people get on the same page. He said he rarely changes anyones mind, there is no one here that does not want to improve their community, also, there have been some cities that have not been pleased with..the performance of the manager and changes have been made. Dr. Mathis mentioned that he has not worked with the City of Seal Beach nor the City Manager, Mr. Till, one city had the same legal firm however he did not know the current City Attorney. To a question as to what cities Dr. Mathis has worked in Orange County, the response was Covina, West Covina, San Clemente, Rancho Palos verdes, Pomona, Sunnyvale, about eighty cities, Orange County Transportation, helped with selection of the director, RCTC, a number of public sector clients. To question of Council, the City Attorney noted that there is only one item on the agenda for discussion, action could not be taken on another item unless there is an amendment to the agenda. Ms. Sue Corbin, Seal Beach said she had no objection to Dr. Mathis, the question is if the Council was consulted first. She said there are some that are asking that the Council follow the law, function the way a Council ought, if someone says something that is not liked they are considered to not be a team player. She claimed that the Manager has a personality problem, does not allow freedom of speech or assembly, he should not be here, he does not belong. The City Manager said he did not see what would be served by meeting in Closed Session, the consultant is present to help with the process, retention of the consultant is within his authority, if there is no Council majority then he will be sent away, if all can not benefit from this process, it will not be helpful if all do not participate, it was thought this process would start today, if the Council does not want to participate that is okay, start the process or call it off. The City Attorney again advised that what can take place at this meeting is limited, the Manager is taking direction, but there is a need to go to Closed Session to discuss some of the issues, if four members of the Council agree to add an action to the agenda that can be done under the Brown Act with findings. I I I 11-1-99 I 11-8-99 CLOSED SESSION By consensus, the Council adjourned to Closed Session at 9:50 a.m. and reconvened at 10:27 a.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the Council commenced a performance evaluation relating to the City Manager, no action was taken. I ADJOURNMENT The City Attorney recommended adjournment of this special meeting until 6:00 p.m., Monday, November 8th, the item for discussion at this meeting to be continued until then, and that an additional item, a report from the City's liability attorney, would be included on the special meeting agenda. By unanimous consent, the meeting was adjourned until November 8th at 6:00 p.m. Approved: Attest: I Seal Beach, California November 8, 1999 The City Council of the City of Seal Beach met in special adjourned session at 6:00 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk I APPROVAL OF AGENDA Boyd moved, second by Yost, to approve the order of the agenda as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried CLOSED SESSION Mayor Yost announced that the City Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel pursuant to Government Code Section 54956.9(a) with regard to Lupash versus the City of