HomeMy WebLinkAbout10/26/2010 - City Council Special MeetingSPECIAL MEETING OF THE
CITY OF COSTA MESA
CITY COUNCIL
October 26, 2010
The City Council of the City of Costa Mesa, California met in a Special Meeting
on Tuesday, October 26, 2010, at 6:30 p.m. in the City Council Chambers, 77,
Fair. Drive, Costa Mesa.
The meeting was called to order by Mayor Mansoor.
I. ROLL CALL:
Council Members Present: Mayor Allan R. Mansoor
Mayor Pro Tem Wendy Leece
Council Member Eric R. Bever
Council Member Katrina Foley
Council Member Gary Monahan (arrived at 6:40)
Council Members Absent: None
Officials Present: City Manager Allan Roeder
Assistant City Manager Thomas Hatch
City Attorney Kimberly Hall Barlow
City Clerk Julie Folcik
II. PUBLIC COMMENT
Sue Lester, Costa Mesa, commented on contract negotiations with city employees and
expressed disappointment by members of the Council complaining about contracted
items that they previously voted for. Ms. Lester stated that she does not think public
safety should be used to solve the City's financial troubles and concessions were
offered by the Police and Fire Associations. Ms. Lester also asked that the names of
persons applying political pressure on contract negotiations be disclosed. (01:25)
Phil Morello, Costa Mesa, commented on costs for safety retirements and urged the
Council to vote no on the Side Letters of Agreement and offer no Cost of Living
Allowances for the next four years. (03:02)
Robin Leffler, Costa Mesa, commented on party politics rather than good faith in
contract negotiations. (06:13)
Cindy Brenneman, Costa Mesa, urged the Council to accept the Side Letters of
Agreement, stating that they were negotiated in good faith and party politics should not
be involved. (07:50)
Special City Council Meeting — October 26, 2010 Page 1
Sandra Genis, Costa Mesa, urged the Council to accept the Side Letters of Agreement
which were negotiated in good faith and expressed resentment with outside interests
pushed on the City. (08:58)
Greg Ridge, Costa Mesa, urged the Council to accept the Side Letters of Agreement
and stated that public safety is important to the residents. Mr. Ridge read a letter
received regarding the State Assembly candidates and urged the Council to consider
raising the Transient Occupancy Tax, Business License Tax and other fees. (10:27)
Beth Refakes, Costa Mesa, expressed concern with the Agreements and the
percentage the City spends on salaries and benefits compared with the private sector.
(13:39)
Howard Hull, Costa Mesa, expressed outrage at discussing politics and blaming the
Republican party and urged the Council to go back and renegotiate salary and benefits
and spoke of his experience. (17:06)
Clay Epperson, Costa Mesa, spoke as a resident and retired 30 year Police Officer who
was disturbed by political activity regarding public safety. Mr. Epperson stated that the
community cares about safety and Costa Mesa will not be able to attract quality public
safety employees if salary and benefits are not as good as provided by surrounding
cities. (19:33)
Al Melone, Costa Mesa, commented on the proposed four year contract for the Costa
Mesa Police Officers Association and stated that contracts should be negotiated yearly
and shouldn't be voted on before an election. (21:22)
Martin H. Millard, Costa Mesa, requested party politics to stop and asked that a vote on
the contracts wait until after the election. Mr. Millard commented that employee
compensation is much higher than the average income of residents. (22:07)
Allen Rieckhof, President, Costa Mesa Police Association, commented on the Orange
County GOP's push to make Council Member Leece vote against the contracts. Mr.
Rieckhof commented that the negotiations were made in good faith and multiple year
contracts saves time and money, but that re -openers are built into the contracts.
(24:25)
MOTION: To grant additional time and allow the speaker to finish his comments.
Motion moved by Council Member Katrina Foley, seconded by Mayor Pro Tem
Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Wendy Leece, Council Member Katrina Foley,
Council Member Gary Monahan
Noes: Mayor Allan R. Mansoor, Council Member Eric R. Bever
Absent: None.
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Mr. Rieckhof continued his comments regarding efforts by the Costa Mesa Police
Association to come to the bargaining table and suggested the Council consider raising
revenue and asked for their support.
Council Member Monahan asked Mr. Rieckhof what the problem would be with a two-
year contract term. Mr. Rieckhof stated that members desire four years security for
their pay and benefits to plan for the future; however, they do understand that contract
re -openers exist.
Council Member Bever responded to comments made by Mr. Rieckhof stating that the
proposed cost savings would actually cost the City and he is not associated with the
Orange County GOP and expressed concern that that the City could go bankrupt.
MOTION: To hold a Closed Session to discuss late information provided by the
City Attorney. Motion moved by Council Member Katrina Foley, seconded by
Mayor Pro Tem Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Allan R. Mansoor, Mayor Pro Tem Wendy Leece,
Council Member Eric R. Bever, Council Member Katrina Foley,
Council Member Gary Monahan.
Noes: None
Absent: None
The Mayor recessed the meeting to conference Room 1 B at 7:13 p.m. for the closed
session.
The Mayor reconvened the special meeting at 7:45 p.m.
III. ITEMS FOR DISCUSSION
1. Side Letter of Agreements for the Costa Mesa Employees Association (CMCEA),
Costa Mesa Police Management Association (CMPMA), Costa Mesa Police
Association (CMPA), and Resolution for Unrepresented Employee (Executive and
Confidential) (35:23)
City Manager Allan Roeder introduced this item and Administrative Services Director
Steve Mandoki and Human Resources Manager Lance Nakamoto presented the report.
Mr. Mandoki provided an overview of the negotiation process and the terms for each
employee association's Side Letters of Agreement.
Mayor Pro Tem Leece asked a question about the employee portion of the PERS
payment for non -safety employees. Mr. Mandoki explained the employee and employer
portion and the negotiated 2.5 percent at 55 and the second tier of the 2 percent at 60,
as well as the increased employee contribution.
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Council Member Foley asked City Attorney Barlow to explain why the contracts on the
agenda do not contain a defined pension plan and what would happen if the
agreements were not approved. City Attorney Barlow explained that the City contracts
with PERS and employees are in existing agreements with vested rights and if the
Council doesn't approve the agreements, the next step is to go back to negotiations, but
staff would need to receive new direction from Council.
Council Member Bever read a statement in regards to negotiations and alternatives and
his reasons to abstain from further negotiations. Council Member Bever expressed his
concern that the proposed contracts would put the City at financial risk and suggested
that negotiations continue.
MOTION: To vote no on the Side Letters of Agreement and go back to
negotiations to obtain greater concessions. Motion moved by Council Member
Bever. Motion died for lack of a second.
MOTION: To approve Side Letters of Agreement for CMCEA, CMPMA, CMPA
including a Resolution for Unrepresented Employees. Motion moved by Council
Member Foley. Motion died for lack of a second.
MOTION: To continue the vote on the Side Letters of Agreement to the next
regular Council meeting. Motion moved by Mayor Pro Tem Leece. Seconded for
discussion by Mayor Mansoor.
Discussion ensued regarding continuing the item to a closed session, the impacts of a
delay and concerns expressed with the length of some contracts.
SUBSTITUTE MOTION: To approve the Side Letter of Agreement with CMCEA
only. Motion moved by Council Member Foley. Motion died for lack of a second.
Discussion continued regarding the impacts if the contracts are not approved and the
process of going back to negotiations with employee groups. City Manager Roeder
explained the negotiation process and the impacts on a change in direction for
negotiations.
Mayor Pro Tem Leece withdrew her Motion.
MOTION: To approve all the Side Letters of Agreement.. Motion moved by
Council Member Foley, seconded by Mayor Pro Tem Leece.
Council Member Monahan commented on the difficult decision and concern about some
of the issues with the agreements and challenged staff to work together to solve the
financial problems of the City to help the community. Council Member Monahan stated
that although he would support the motion, he would like to see further concessions.
Mayor Mansoor expressed concern about unions and commented on having quality
employees, gratefulness to CMCEA for stepping up before and at the time, but would
not support the motion due to problems with the system.
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Mayor Pro Tem Leece commented on discussions years ago when times were good
and the City didn't raise taxes and that Costa Mesa has been a good, safe place to
raise a family, but has relied too heavily on retail revenue from South Coast Plaza.
Mayor Pro Tem Leece stated that she does not want Costa Mesa to be ground zero for
pension reform.
Council Member Bever commented on the probability of layoffs by approving the
Agreements and stated that the concessions should be a couple of percentage points
more.
Council Member Foley commented on efforts by the Council and staff for the best
interests of the community. Council Member Foley expressed how much she values
employees and asked that an economic development commission be created to
develop policies to generate revenue from a variety of sources and expressed her
appreciation to staff for their efforts to help move things forward.
Discussion ensued on future impacts if the financial issues of the City continue and the
impacts to service levels with reduced staffing. City Manager Roeder stated that layoffs
are not a budget strategy, but a consequence.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Wendy Leece, Council Member Katrina Foley,
Council Member Gary Monahan.
Noes: Mayor Mansoor, Council Member Bever
Absent: None
MOTION: To approve the Resolution for Unrepresented Employees (Executive
and Confidential). Motion moved by Mayor Pro Tem Leece, seconded by Council
Member Monahan.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Wendy Leece, Council Member Katrina Foley,
Council Member Gary Monahan.
Noes: Mayor Mansoor, Council Member Bever
Absent: None
2. Letter of Agreement (LOA) to the July 1, 2007 to June 30, 2013 Memorandum of
Understanding between the Costa Mesa Fire Management Association (CMFMA)
and the City of Costa Mesa. (01:37:20)
Administrative Services Director Steve Mandoki presented the report and responded to
questions from Council Members regarding contributions by CMFA and CMFMA and
the terms of the agreement.
Special City Council Meeting — October 26, 2010 Page 5
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Mayor Mansoor commented on Council Members speaking their mind and doing what
they felt was right without political pressure.
MOTION: To approve the Letter of Agreement for CMFMA. Motion moved by
Council Member Foley, seconded by Mayor Pro Tem Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Wendy Leece, Council Member Katrina Foley,
Council Member Gary Monahan.
Noes: Mayor Mansoor, Council Member Bever
Absent: None
IV. ADJOURNMENT:
The Mayor adjourned the special meeting at 8:00 F --
ATTEST:
Interim City Clerk fo the. City of Costa Mesa
City of Gosta Mesa
Special City Council Meeting — October 26, 2010 Page 6