HomeMy WebLinkAbout01/10/2012 - City Council Special MeetingSPECIAL MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
January 10, 2012
The City Council of the City of Costa Mesa, California met in a Special Meeting on
January 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 (00:02:53)
Council Members Mayor Gary Monahan
Present: Mayor Pro Tem James Righeimer
Council Member Wendy Leece
Council Member Stephen Mensinger
Council Members Absent: Council Member Eric R. Bever
Officials Present: Chief Executive Officer Thomas R. Hatch
City Attorney Thomas Duarte
Interim Development Services Director Khanh
Nguyen
Interim Public Services Director Ernesto Munoz
Police Chief Tom Gazsi
Interim Public Affairs Manager Dan Joyce
Director of Communications Bill Lobdell
City Clerk Julie Folcik
PUBLIC HEARING (00:03:04)
1. PUBLIC HEARING: Consider Proposal of Charter and content of
Proposed Charter (00:03:22)
CEO Thomas Hatch introduced the item, documents, and staff involved;
and provided the background and anticipated timeline for the drafting and
consideration of the proposed charter. (00:03:37)
Michael Houston of Cummins and White, General Counsel for the
Association of California Cities, Orange County, introduced himself and
was available to answer questions. (00:07:07)
Director of Communications Bill Lobdell gave an overview of the outreach
efforts, reported on the feedback received to date, and announced that
suggestions were still being solicited. (00:13:53)
City Attorney Tom Duarte provided follow-up responses to questions
posed at the information meeting on January 4, 2012. (00:16:43)
Mayor Pro Tem Righeimer commented on the necessity of a charter, and
provided a review of the first draft of the proposed charter, noting
that General Law provisions would prevail unless noted in the charter.
(00:18:08)
The city attorney addressed questions from Council Member Leece
regarding the timeline requirements pursuant to AB1344 and the flexibility
for changes to the draft charter in order to meet the deadlines for
placing the charter on the June ballot, and informed that a third public
hearing would not be held. Council Member Leece expressed her concern
in the lack of time for dialogue and discussion. (00:48:52)
Council Member Mensinger when discussing charter provisions
suggested addressing the 19th Street Bridge and requested that staff
move forward in removing the 19th Street Bridge from the Master Plan of
Arterial Highways. (00:52:47)
The Mayor supported a suggestion for a code of ethics and conduct for
elected officials. (00:55:20)
James Bridges, Costa Mesa, expressed his support of a charter.
(00:59:20)
Jim Conway, Danville, consultant to a statewide construction coalition,
spoke in support of maintaining prevailing wage, and encouraged the
Council to slow down the process in moving forward with the proposed
charter. (00:58:54)
Julie Muller Neff, Orange, urged the supportof protecting prevailing wage.
(01:02:04)
Mike Tardif, Santa Ana, spoke in support of maintaining prevailing wage
for construction projects. (01:06:10)
Larry Simpson, Costa Mesa, spoke in support of prevailing wage and
commented on quality of services. (01:09:45)
Greg McClelland, Roseville, expressed concern regarding the outsourcing
of services, and spoke in support of protecting prevailing wage. (01:11:35)
Mark Fowler, Orange, spoke in support of protecting prevailing wage and
commented on benefits for workers. (01:14:35)
Eleanor Egan, Costa Mesa, urged Council to slow down and allow more
time in the process in approving a city charter, and suggested that the
residents draft it. (01:16:51)
Susan Shaw, Costa Mesa, expressed concern in the speed of moving
forward with the charter, and opined that the document needed more
community input. (01:19:02)
Greg Thunell, Costa Mesa, supported a draft charter written by the
residents. (01:21:15)
Robin Leffler, Costa Mesa, suggested that an ex parte section be
included, opposed the proposed charter, and supported it be drafted by a
charter commission. (01:24:46)
Tamar Goldmann, Costa Mesa, opposed the charter process, made
suggestions for a "Balance of Powers" provision, and recommended
changes to the selection of commissioners. (01:28:22)
Karin Ahlf, Costa Mesa, commented and made recommendations to
sections of the proposed charter regarding appointment of council
members, the 'Bell Clause" and prevailing wage. (01:31:40)
Jason Curtis, Costa Mesa, spoke in support of protecting prevailing wage,
and commented on the potential dangers of removing prevailing
wage. (01:35:15)
Mark Shafer, Costa Mesa, opposed the removal of prevailing wage and
suggested that the charter be placed on the November ballot. (01:37:40)
Arlene Jones, Costa Mesa, urged the Council to slow down the charter
process, and recommended a charter review committee. (01:39:46)
Alan Remington, Costa Mesa, suggested a charter committee. (01:43:14)
George Greenwalt, Costa Mesa, commented on the speed of the charter
process and inquired about the benefits of a charter. (01:45:28)
David Zech, Santa Ana, spoke in support of prevailing wage. (01:47:46)
The mayor recessed the meeting at 8:57 p.m.
The mayor reconvened the meeting at 9:10 p.m.
Dan Goldmann, Costa Mesa, opposed the proposed charter and the
process, and expressed concern in the way residents were notified of the
public hearing. (1:50:23)
Jay Litvak, Costa Mesa, supported a charter committee drafting the
charter and that the proposed charter be placed on the November
ballot. (01:54:24)
Derek Spalding, Costa Mesa, spoke in opposition of the elimination of
prevailing wage, supported a charter committee, and expressed concern
in the process. (01:56:55)
Joe Martinez, Costa Mesa, urged the Council to protect prevailing wage.
(02:00:02)
Don Chase, Glendale, spoke in support of prevailing wage. (02:01:30)
Robert Rowe, Lakewood, on behalf of the Fire Sprinkler Advisory Board of
Southern California, asked that language be included in the proposed
charter for prevailing wage on city -funded projects. (02:03:16)
Jim Fitzpatrick, Costa Mesa, spoke in support of the proposed charter,
noting the local authority over municipal affairs. (02:05:15)
Doug Mangione, Orange, submitted a study regarding prevailing wage,
and spoke in support of prevailing wage. (02:08:01)
Emmet O'Malony, Costa Mesa, spoke in support of prevailing wage.
(02:10:19)
Charles Mooney, Costa Mesa, opposed the proposed charter, and
suggested that the charter be written by an elected committee.
David Lawhorn, Santa Ana, spoke in opposition to changes in prevailing
wage, and noted that other charter cities pay prevailing wage.
Barbara Morihiro, Costa Mesa, expressed concern regarding the cost of
the charter process.
Cindy Brenneman, Costa Mesa, opposed of the manner in which the
charter was drafted, but did not oppose a charter, and urged Council to
slow down the process and solicit more input.
Perry Valantine, Costa Mesa, supported the date change for the second
public hearing, opined that a charter was unnecessary, and spoke in
support of a charter committee.
The mayor recessed the meeting at 9:52 p.m.
The mayor reconvened the meeting at 10:08 p.m.
Martin Radu, Costa Mesa, spoke in support of prevailing wage. (02:36:38)
Terry Koken, Costa Mesa, suggested a 10 -member Council based on
precinct, and supported the regulation of marijuana. (02:39:56)
Steve Vallenta, Costa Mesa, spoke in support of prevailing wage.
(02:42:35)
Jim Adams, on behalf of the Los Angeles/Orange Counties Building and
Construction Trades Council, spoke in support of prevailing wage.
(02:43:27)
Ron Miller, Los Angeles/Orange Counties Building and Construction
Trades Council, read a letter on behalf of Jay Hanson and the California
Medical Association in opposition to removing prevailing wage from the
draft charter. (02:46:35)
Susan Myer, Costa Mesa, urged the Council to slow down the charter
process and supported a charter commission. (02:50:00)
Sandra Genis, Costa Mesa, shared her experience as a member of the
Orange County Charter Commission, and commented on enumeration of
powers. (02:53:03)
Phil Morello, Costa Mesa, supported a city charter, and stated a charter
committee was not necessary. (02:56:20)
Bonnie Copeland, Costa Mesa, spoke in opposition of the charter process
and noted lack of public input. (02:59:36)
Taoward Lee, Costa Mesa, supported a charter but not necessarily the
proposed charter, and urged Council to slow down the process.
(03:01:45)
Greg Ridge, Costa Mesa, opposed the charter and commented on
process. (03:03:13)
Christopher Ganere, Costa Mesa, spoke in support of removing prevailing
wage from the proposed charter. (03:06:50)
Tom Egan, Costa Mesa, suggested a court of review, and expressed
concern regarding the necessity of a city charter. (03:09:22)
John Stephens, Costa Mesa, provided legal advice as a litigator, urged
Council not to rush the process, and offered to provide pro bono services
to assist with the charter. (03:11:45)
Louise Rasher, Costa Mesa, spoke in opposition of a city charter, and
commented on new fees for services and projects in other charter cities.
(03:14:11)
Mary Ann O'Connell, Costa Mesa, supported maintaining prevailing wage
provisions in the proposed charter. (03:15:48)
Dianne Russell, Costa Mesa, expressed concern in fair wages and
outsourcing, and urged Council to slow down the charter process.
(03:17:14)
Patrick D. Kelly, Costa Mesa, opposed the elimination of prevailing wage
from the proposed charter. (03:19:12)
Lisa Reedy, Costa Mesa, commented on the necessity of a charter, and
suggested that the proposed charter be placed on the November ballot.
(03:23:01)
Sue Lester, Costa Mesa, commented on provisions in the draft relating to
retirement benefits and political contributions, suggested a section for ex
parte communications, and recommended that the charter be placed on
the November ballot. (03:26:21)
Council Member Leece expressed concern in the speed of the charter
process, stated opposition in placing the charter on the June ballot, and
opined that more time is needed to consider the submitted ideas and
suggestions. (03:59:22)
Mayor Pro Tem Righeimer commented on unfunded pension liability,
stated the need for capital improvements, referred to the ligitation with the
employees' association, and commented on prevaling wage. (04:03:38)
Council Member Mensinger spoke about prevailing wage, unfunded
liability, and deferred maintenance; and responded to comments made by
public speakers. (04:14:51)
MOTION: Reschedule the Special Public Hearing of February 14,
2012 to February 13, 2012 at 7 p.m.
Moved by Mayor Pro Tem James Righeimer, seconded by Mayor
Gary Monahan.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: Council Member Eric R. Bever
MOTION: Form a 15 -member charter committee.
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Remove Paragraph 7 of Section 401 of Article 4 regarding
prevailing wage, and revise the draft to state, "The city will pay prevailing
wage for city projects."
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Place the charter on the November 2014 ballot.
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Place the charter on the November 2012 ballot.
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Approve the charter with the following amendments as
referenced in "City Charter Suggestions (through Jan. 10, 2012)":
-Section 300, No. 2: To include "...and no ordinance shall become
effective until thirty (30) days from and after the date of its final
passage."
-Section 300, No. 6: To include, "Section 302. Planning and Zoning
The Zoning Code, land use designations of properties as shown on
the official Zoning Map, and land use decisions (including, but not
limited to, subdivisions, variances, conditional use permits, and
administrative zoning approvals) shall be consistent with the
General Plan and any applicable Specific Plan. In the event that a
zoning ordinance or zoning map becomes inconsistent with the
General Plan or Specific Plan by reason of amendment to the
General Plan or Specific Plan, the zoning ordinance or zoning map
shall be amended within a reasonable time so that it is consistent
with the General Plan or Specific Plan as amended."
-Section 400, No. 7: To include, if it is not currently enacted, "All
construction and maintenance contracts awarded by the City shall
provide that all persons providing services under the contract shall
be legally entitled to perform the work and shall possess all required
licenses and permits needed for the work. The contracts shall
require the contractor to provide adequate proof of compliance prior
to the start of the work and monthly thereafter until the work is
completed."
-Section 800, No. 4: To include, "Section 801. Charter Review The
City Council shall hold a public hearing to determine if there is a
need to convene a citizens' Charter Review Commission to conduct
a review of the City Charter no less frequently than every ten years."
Moved by Mayor Pro Tem James Righeimer, seconded by Mayor
Gary Monahan.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Eric R. Bever
MOTION: Approve the charter with the following amendment as
referenced in "City Charter Suggestions (through Jan. 10, 2012):
-Section 200, No. 1: To include, "The parts that are here are fine but
a specific qualification section should be added. City Council
members should be U.S. citizens, at least 18 years old, a registered
voter, resident of the City of Costa Mesa for at least 2 years and
remain a resident as long as they are on the Council. Include
language about City Council's compensation/expenses; include
language about Council vacancies, forfeitures (absenteeism); felony
convictions; rules for conflict of interest and nepotism" and to
include language for conflict of interests related to former
employees and voting as a member of the City Council.
Moved by Council Member Stephen Mensinger, seconded by Mayor
Gary Monahan.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: Council Member Eric R. Bever
MOTION: Approve the charter with the following amendment as
referenced in "City Charter Suggestions (through Jan. 10, 2012):
-Section 200, No. 22: To include, "Code of Ethics and Conduct The
,,City Council shall adopt a Code of Ethics and Conduct for elected
officials and members of appointed commissions, boards and
committees to assure public confidence in the integrity of local
government elected and appointed officials. The City Council shall
adopt said Code of Ethics and Conduct by ordinance or resolution
within six months of the effective date of this Charter," and to apply
the rule to the entire organization. -
Moved by Mayor Gary Monahan, seconded by Mayor Pro Tem James
Righeimer.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Eric R. Bever
MOTION: Approve the charter with the following amendment as
referenced in "City Charter Suggestions (through Jan. 10, 2012):
-Section 600, No. 18: To include, "Add language that protects our
status as a 'Rule of Law' City and continues to oppose illegal
immigration violations and so-called 'Safe Harbor' cities."
Moved by Mayor Gary Monahan, seconded by Mayor Pro Tem James
Righeimer.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Wendy Leece, Council Member Stephen Mensinger
Noes: None.
Absent: Council Member Eric R. Bever
MOTION: Approve the charter with the following amendment as
referenced in "City Charter Suggestions (through Jan. 10, 2012):
-Section 600, No. 6: To include, "Section 602.1 — The City is a right to
work City. No employee is required to join a union or the OC
Employee Assn."
Moved by Mayor Gary Monahan, seconded by Mayor Pro Tem James
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Righeimer.
The motion carried by the following roll call vote:
Ayes: Mayor Gary Monahan, Mayor Pro Tem James Righeimer, Council
Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: Council Member Eric R. Bever
ADJOURNMENT - The mayor adjourned the meeting at 11:59 p.m. Next Regular
City Council Meeting: January 17, 2012.
ATTEST:
Acting Deputy City Clerk of the City of Costa Mesa
Mayor of the city of Costa Mesa