HomeMy WebLinkAbout03/27/2012 - City Council Special MeetingSPECIAL MEETING OF THE
C CITY OF COSTA MESA
CITY COUNCIL
March 27, 2012
The City Council of the City of Costa Mesa, California met in a Special Meeting on
Monday, March 27, 2012 at 5 p.m. in the Council Chambers, City Hall, 77, Fair
Drive, Costa Mesa. The meeting was called to order by the Mayor.
ROLL CALL:
Council Members Present: Mayor Eric R. Bever
Mayor Pro Tem James M. Righeimer
Council Member Wendy Leece
Council Member Stephen M. Mensinger
Council Member Gary Monahan
Council Members Absent: None
Officials Present: CEO Thomas R. Hatch
Assistant CEO Rick Francis
City Attorney Thomas Duarte
Economic Development Dir/Deputy CEO Peter Naghavi
Transportation Manager Raja Sethuraman
Interim Development Services Director Khanh Nguyen
Finance/IT Director Bobby Young
Public Affairs Manager Bill Lobdell
Public Affairs Manager Dan Joyce
City Clerk Julie Folcik
PUBLIC COMMENT (00:00:50)
No public comments
REGULAR AGENDA ITEM
Engagement Letter with Jones Day for legal services in the connection with Julie
Folcik vs. Orange County Registrar of Voters and Neal Kelley, Registrar of Voters
(Orange County Superior Case No. 30-2012 00553905). (00:01:03)
City Attorney Thomas Duarte reported that in early March the City Council approved
resolutions to place the charter measure on the June ballot. Due to a clerical error by
the City Clerk, the Resolutions were not sent to the Registrar of Voters office by the
March 9 deadline. Jones Day filed a lawsuit to obtain court approval to direct the
Registrar of Voters to put the charter ballot measure on the June elections ballot. City
Attorney Duarte indicated that the rate for service is $495 per hour and the engagement
letter would be effective March 14, 2012.
Council Member Wendy Leece asked for a reason why the City Council did not vote to
retain Jones Day prior to filing the lawsuit and if there were other cases of a City Clerk
filing a lawsuit for a City.
City Attorney Duarte advised that he was directed to have a retainer for Jones Day
authorized for the purposes of this lawsuit and the CEO has authority to retain outside
counsel. City Attorney Duarte also confirmed many cases of city clerks as the elections
official bringing lawsuits and can discuss further in the agendized closed session.
Council Member Leece stated that her reasons for dissenting were that the City is already
in court and did not want to spend more taxpayer money to pursue this lawsuit. She noted
that at Council meetings, residents asked that the Charter not be put on the June ballot so
that they can have more time to understand the Charter, there is a bigger voter turnout in
November, and the entire process had been rushed.
MOTION: To approve the Engagement Letter, moved by Council Member Monahan,
seconded by Mayor Pro Tem Righeimer. (00:04:00)
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James M. Righeimer, Council
Member Stephen M. Mensinger, Council Member Gary Monahan
Noes: Council Member Wendy Leece
Absent: None.
The Mayor adjourned to Closed Session at 5:10 p.m. (00:05:48)
The Mayor reconvened the Special City Council meeting at 6:42 p.m. (00:07:21)
City Attorney Report: (00:07:30)
City Attorney Duarte reported the City Council's action for closed session item two
approving a motion to amend the petition and add the City as a party to Superior Court
Case No. 30-2012 00553905.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James M. Righeimer, Council
Member Stephen M. Mensinger, Council Member Gary Monahan
Noes: Council Member Wendy Leece
Absent: None.
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City Attorney Duarte reported that the City Council approved a second motion to appeal
the lower courts decision in the Julie Folcik vs. Orange County Registrar of Voters
Superior Court Case No. 30-2012 00553905.
The motion carried by the following roll call vote:
Ayes: Mayor Eric R. Bever, Mayor Pro Tem James M. Righeimer, Council
Member Stephen M. Mensinger, Council Member Gary Monahan
Noes: Council Member Wendy Leece
Absent: None.
The City Council took no action on Closed Session Item No. 3.
ADJOURNMENT:
The Mayor adjourned the Special Meeting at 6:43 p.m. (00:08:23)
ATTEST:
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Acting Deputy City Clerk of the
City of Costa Mesa
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Mayor of the City of Costa Mesa