HomeMy WebLinkAbout07/10/2012 - Special Meeting - City CouncilSPECIAL MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
July 10, 2012
The City Council of the City of Costa Mesa, California met in a special session on July
10, 2012 at 7 p.m. in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa.
The meeting was called to order by the Mayor.
ROLL CALL (00:00:18)
Council Members Present: Mayor Eric R. Bever
Mayor Pro Tem Jim Righeimer
Council Member Wendy Leece
Council Member Stephen Mensinger
Council Members Absent: Council Member Gary Monahan
Officials Present: City Attorney Thomas Duarte
Assistant Chief Executive Officer Rick Francis
Interim City Clerk Brenda Green
PUBLIC COMMENTS (00:00:30)
Perry Valantine, Costa Mesa, commented on leadership and the proposed
infrastructure fund. (00:01:04)
Scott Williams, Costa Mesa, thanked Council for their efforts, commented on
"home rule," and spoke in support of placing the charter on the November ballot.
(00:04:20)
Dan Goldmann, Costa Mesa, commented on checks and balances, expressed
concern about absolute power of select Council Members, and spoke in
opposition of the charter. (00:07:11)
Joan Morrow, Costa Mesa, shared an old saying: "If something isn't broken, why
fix it?" (00:10:20)
Janice Davidson, Costa Mesa, spoke in opposition of the charter. (00:10:57)
Joy Williams, Costa Mesa, spoke in opposition of the charter. (00:12:05)
Bob Small, Costa Mesa, spoke in opposition of the charter and expressed
concern in the possibility of unlimited power through the charter. (00:13:30)
Mayor Pro Tem Righeimer clarified that elections, procedures, initiatives, and
referendums would not be handled by the Council through the charter, but would
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remain governed under general law provisions. (00:16:52)
Tamar Goldmann, Costa Mesa, explained her suggestions made for the
proposed charter. (00:17:21)
Jamie McCloud, Costa Mesa, spoke in opposition of the charter. (00:20:27)
Harold Weitzberg, Costa Mesa, expressed support in placing the charter on the
ballot for the purpose of defeating it, but opposed the charter itself. (00:20:47)
Sheila Pfafflin, Costa Mesa, spoke in opposition of the charter. (00:23:19)
Dolores, Costa Mesa, supported General Law, and spoke in opposition of the
charter. (00:24:51)
Robin Leffler, Costa Mesa, thanked the Council for adding elections general law
protection in the charter, and commented on language in various sections of the
charter. (00:25:55)
Speaker, Costa Mesa, spoke in support of the charter and local control.
(00:29:06)
John Stephens, Costa Mesa, expressed concern regarding favoritism, fraud and
corruption related to the awarding of public contracts under the proposed charter.
(00:31:11)
Greg Thunell, Costa Mesa, commented on the costs of the charter mailer, and
spoke in opposition of the charter. (00:33:29)
Jay Humphrey, Costa Mesa, asked what kind of changes to the charter are
allowed between this meeting and the time Council votes to place the charter on
the ballot. (00:36:55)
Josh Joachim, Costa Mesa, spoke in support of the charter and spoke positively
about the charter process. (00:37:42)
Mike Hermanos, Costa Mesa, commented on the awarding of public contracts
under the proposed charter. (00:40:53)
Sandra Genis, Costa Mesa, commented on limitations of State power on local
government as noted in the State constitution. (00:43:17)
Terry Houle, Costa Mesa, spoke about the lack of public trust in the Council and
the charter process. (00:45:50)
Richard Frankie, Costa Mesa, spoke in support of the charter. (00:47:01)
Speaker spoke in support of the proposed charter. (00:49:05)
Pamela Frankl, Costa Mesa, spoke in opposition of the proposed
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charter. (00:50:18)
Sue Lester, Costa Mesa, spoke in opposition to the charter and suggested the
addition of a clause for third party contracts for financial audits. (00:50:41)
Sandy Johnson, Costa Mesa, opined that the charter process is rushed and
commented on integrity. (00:52:20)
Lisa Reedy, Costa Mesa, asked how this charter would help reduce the high
employee pensions. (00:55:44)
Katie Arthur, Costa Mesa, spoke in opposition to the charter and asked for
clarification regarding how the charter affects the pension problem. (00:56:42)
PUBLIC HEARING (00:58:38)
1. Consider content of proposed charter and submission of proposed charter
to voters.
Special. Counsel Kimberly Hall Barlow presented the report and
addressed concerns made by public speakers. Ms. Barlow indicated that
changes to the charter document can be made up until the time Council
makes a determination to place the charter on the ballot. She referred to
comments regarding favoritism, fraud and corruption pertaining to the
awarding of contracts, and clarified that provisions of the State
Government Code and Political Reform Act will continue to govern the
awarding of contracts. (00:58:45)
Ms. Barlow referred to public comments regarding pensions and clarified
that the charter does not change the existing pension indebtedness the
City currently has. However, the charter would preclude increases in
pension benefits without a vote of the people. The charter would also
change how employee unions would acquire funds for use for political
activity. (01:08:15)
Mayor Pro Tem Righeimer indicated the charter would allow the City to
receive bids from private contractors at potentially lower costs, which
would enable the City to better negotiate pay and benefits with the
employees and decrease pension costs to the City. (01:10:06)
Council Member Leece asked if the charter would override the current
employee contract. Ms. Barlow clarified that the charter is not intended to
override any existing employee contract; it gives the City rights to deal
with issues in the future that may ultimately lower pensions or different
agreements. (01:12:20)
In response to questions from Council Member Mensinger regarding
pension increases, Ms. Barlow clarified that under the charter, changes to
employee pensions would require a vote of the people. (01:14:38)
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Mayor Bever referred to comments made about the charter being written
by one person, and clarified that the language of the charter is comprised
of previously vetted language from other cities. (01:17:46)
Ms. Barlow addressed concerns regarding checks and balances, absolute
power, the City's Municipal Code and ordinances, limitations on changes
to the charter, Council authority, the definition of the word "power," term
limits of elected officials, and rule of conduct and proceedings. (01:19:41)
Mayor Bever stated that many suggestions to the charter made by
members of the public are already addressed through the City's Municipal
Code or a matter of General Law which cannot be changed. (01:37:01)
Mayor Bever referred to his proposal for an infrastructure fund as part of
the charter, and indicated his willingness to withdraw the proposal.
(01:38:10)
Mayor Pro Tem Righeimer spoke in support of the draft of charter as
presented. (01:39:11)
Ms. Barlow indicated that she will provide a revised version of the charter
at the July 31 special meeting. (01:40:14)
Ms. Barlow responded to questions regarding language for project labor
agreements, and appointment and removal of the City Manager and City
Attorney. (01:42:00)
COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (01:44:27)
Mayor Pro Tem Righeimer thanked everyone who commented on the proposed
charter; commented on the charter process; spoke about the longstanding
process and power of the majority vote of the Council; and stated his trust in the
public to make the right decision. (01:44:32)
Council Member Mensinger echoed the sentiments of Mayor Pro Tem
Righeimer; stressed the importance of residents meeting with the Council
Members; stated the charter is not about changing Council powers, but is about
local control; spoke about the pension increase in 2008 and unfunded pension
liabilities; and expressed support in the proposed charter. (01:50:12)
ATTEST:
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e City of Costa Mesa
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Interim City -Clerk pf the City of Costa Mesa
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