HomeMy WebLinkAbout- CC-2 - 02/13/12 Minutes Special Meeting - 6/5/2012SPECIAL MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
February 13, 2012
The City Council of the City of Costa Mesa, California met in a Special Meeting on
February 13, 2012 at 7:04 p.m. in the Council Chambers of City Hall, 77 Fair Drive,
Costa Mesa. The meeting was called to order by the Mayor Pro Tem.
ROLL CALL
Council Members Mayor Pro Tem James Righeimer
Present: Council Member Eric R. Bever
Council Member Wendy Leece
Council Member Stephen Mensinger
Council Members Mayor Gary Monahan
Absent:
Officials Present: Chief Executive Officer Thomas R. Hatch
City Attorney Thomas Duarte
Interim Development Services Director Khanh Nguyen
Interim Public Services Director Ernesto Munoz
Assistant Chief Executive Officer Rick Francis
Economic Development Director/Deputy CEO Peter
Naghavi
Interim Fire Chief Tom Arnold
Police Chief Tom Gazsi
Public Affairs Manager Bill Lobdell
Public Affairs Manager Dan Joyce
City Clerk Julie Folcik
CLERK'S STATEMENT: The Notice of the Public Hearing was posted at the City
Council Chambers, Postal Office on Adams, and Mesa Verde Public Library, and the
City's website on Friday, January 13, 2012; and was published in the Daily Pilot on
January 17, 2012. The Special Meeting Agenda and Notice and Call were posted at the
City Council Chambers and the City's website on February 10, 2012. (00:01:57)
PUBLIC HEARING
SECOND PUBLIC HEARING: Consider Proposal of Charter and content
of Proposed Charter
CEO Tom Hatch provided an overview and update of the charter process;
and staff reports, attachments, suggestions, and comments submitted.
(00:02:56)
Per request from Council Member Leece, City Attorney Thomas Duarte
provided an update of court cases regarding to charter and prevailing
wages which would apply to Section 401 of the proposed charter.
(00:08:27)
James H. Bridges, Costa Mesa, commented on council member
compensation and salaries, expressed concern regarding the lack of
spending limits for council members in a charter, and supported a charter.
(00:12:40)
Perry Valantine, Costa Mesa, opined a charter is not needed and
supported a charter written by an elected commission. (00:16:25)
Eleanor Egan, Costa Mesa, suggested language be included adopting
state general law for initiatives and referenda. (00:19:39)
Tom Egan, Costa Mesa, supported a change to the number of council
members and elected by district. (00:20:41)
Susan Shaw, Costa Mesa, expressed appreciation to members of the
Council for engaging in dialogue with her regarding the charter, but was
disappointed in the content of the informational flyer. (00:24:00)
Jim Fitzpatrick, Costa Mesa, spoke in support of the charter. (00:25:42)
Paul Kelly, Costa Mesa, expressed concern regarding provisions for
adminstrative removal without a hearing, the function of administration,
and Section 800. (00:28:53)
Jay Humphrey, Costa Mesa, expressed disappointment in the
informational flyer and opined that the process and charter was
rushed. (00:31:32)
Ron Moss, Costa Mesa, expressed concern in the urgency of the process
and spoke in opposition of the charter. (00:34:48)
Robert Mosqueda, Tustin, spoke about the benefits of prevailing wage
and opposed the charter. (00:36:57)
Al Morelli, Costa Mesa, shared his experience with charters and municipal
government, and made suggestions to Section 201 and the appointment
of commissioners. (00:39:44)
Al Morelli, Costa Mesa, shared his experience with charters and city
government, and made suggestions to the selection of mayor and
commissioners. (00:39:45)
Doug Mangione, Orange, spoke in support of maintaining prevailing
wage. (00:42:25)
George Greenwalt, Costa Mesa, urged Council to slow down the process.
(00:44:30)
Jay Litvak, Costa Mesa, suggested moving the charter to the November
ballot and supported a charter commission. (00:46:38)
Jim Conway, Danville, spoke about prevailing wage and what constitutes
a municipal or state concern, and suggested a charter commission.
(00:49:57)
Cindy Brenneman, Costa Mesa, suggested that Section 603 be removed,
and commented on meeting conduct. (00:52:15)
Shari Pence, Riverside, expressed concern regarding Section 401 and
the fairness of the bidding process for public works projects. (00:54:50)
Robin Leffler, Costa Mesa, suggested simplifying the charter and
include language for ex parte communications. (00:56:30)
Mark Shaefer, Costa Mesa, spoke in support of prevailing wage and
moving the charter to the November ballot. (01:00:04)
Karin Ahlf, Costa Mesa, opposed the charter, but spoke in support of
placing it on the November ballot; and expressed the need for more time.
(01:01:33)
Terry Koken, Costa Mesa, sang a song about the charter. (01:04:52)
Eric Christen, Poway, praised the Council for trying to move away from
State control and referred to the State's budget. (01:07:27)
Phil Morello, Costa Mesa, spoke in support of the charter and process
and suggested a comparison chart with other city charters. (01:10:40)
Bill Baber spoke in support of the charter and commented on prevailing
wage, bids, and charter amendments. (01:13:11)
Kevin Dayton, Dayton Public Policy Institute, spoke about prevailing wage
and made clerical suggestions to the language. (01:15:34)
The Mayor Pro Tem recessed the meeting at 8:29 p.m. (01:24:32)
The Mayor Pro Tem reconvened the meeting at 8:41 p.m. (01:36:10)
William Schultz, Costa Mesa, spoke in support of prevailing wage.
(01:36:51)
Jason Curtis, Costa Mesa, spoke in support of prevailing wage. (01:37:31)
Council Member Bever clarified that the prevailing wage clause only
applies to municipal projects that do not have state or federal grant money
and is not a large percentage. (01:39:18)
Chris McEvoy, Costa Mesa, expressed concern regarding the speed of
the charter process, and criticized the information flyer. (01:40:47)
Tamar Goldmann, Costa Mesa, opined that a charter is not a constitution
and made suggestions to balance of powers and that certain items must
be voted on by the voters. (01:43:54)
Sandra Genis, Costa Mesa, commented on the process and suggestions,
and spoke in opposition of the charter. (01:47:29)
Greg Thunell, Costa Mesa, expressed concern regarding the timeliness of
the flyer distribution and spoke in opposition of the charter. (01:49:42)
Jim Adams, Anaheim, requested that language be included in the charter
to protect prevailing wage. (01:53:16)
John Hill, Costa Mesa, spoke in opposition of the charter and encouraged
Council to slow down the process. (01:57:42)
Jay Photoglou, Costa Mesa, urged Council to slow down the process.
(02:02:02)
Karl Ahlf, Costa Mesa, spoke in support of placing the charter to the
November 2012 ballot. (02:04:50)
Walter Garcia, Costa Mesa, urged Council to listen to the residents.
(02:05:28)
Robby Hunter spoke about the building trade and in support of prevailing
wage. (02:07:36)
Jeremy Katz, Costa Mesa, asked questions regarding Sections 300 and
202, and urged placement of the proposed charter on the November
ballot. (02:10:57)
Patrick Kelly, Costa Mesa, expressed concern regarding the effects of the
charter on property values, and spoke in opposition of the
charter. (02:12:56)
Katrina Foley, Costa Mesa, asked questions about Sections 101, 201,
205, and 300; and requested a list of who the informational flyer was
mailed to. (02:16:31)
Mayor Pro Tem Righeimer addressed a concern about Section 101 made
during public comments, and and indicated that if an issue is municipal in
nature, everything remains the same unless it is changed by an
ordinance. (02:22:15)
In response to questions from Mayor Pro Tem Righeimer regarding the
information mailer, Public Affairs Manager Bill Lobdell and CEO Hatch
indicated that the mailer was mailed to every household in Costa Mesa
and the distribution list was the same as the list for the mailing of the
recreation guide. City staff created the guide which was approved by the
City Attorney before it was mailed, and the cost was $2,700 for printing
and materials, and $6,000 for bulk rate postage. (02:23:26)
Council Member Leece stated the charter process was rushed and spoke
in support of prevailing wage. (02:27:30)
Council Member Bever addressed comments made by public speakers,
and indicated that throughout the history of the city, the majority vote of
the Council has always ruled. He clarified that the municipal code and the
process of amending the code will not change as a result of the charter. In
response to comments regarding "Republican operatives" influencing the
vote of the Council, he stated that he has never had pressure from the
Republican party regarding how to vote. In response to comments
regarding apartment tenants not receiving the charter mailer, he indicated
that he did receive the mailer as a condominium resident and that
the mailer was addressed to "Postal Customer"; he directed staff to check
with the post office regarding the mailing. (02:44:29)
Council Member Mensinger suggested that language should be included
for ex parte communications for associations, and would support a motion
for ex parte communications if more clarification could be provided as to
what needs to be disclosed. (02:51:35)
Council Member Bever indicated that the one -sentence suggestion for ex
parte communications (Section 606) is too broad. (02:58:41)
Mayor Pro Tem Righeimer commented on the charter process in other
cities, explained that the charter is about the city having tools to be able to
put the finances in order, and stated the need for infrastructure
improvements. (03:04:38)
Council Member Leece disagreed with comments made regarding the
severity of infrastructure issues, and expressed concern regarding public
safety. (03:14:10)
Council Member Mensinger directed staff to follow-up on the Recreation
on Campus for Kids (ROCKS) program and the fees for the Jim Scott
Stadium as it relates to the joint use agreement; expressed the need for
alley and infrastructure improvements; and referred to comments made
about property value, and indicated that it is a function of homeowners to
maintain their own homes. (03:17:20)
As affirmed by the City Attorney, Council Member Bever clarified that
raising taxes requires the vote of the people. In response to a question
regarding the waiver of taxes and fees, Council Member Bever expressed
that he would still like programs for the waiver of certain fees, if the
circumstances permit. He responded to comments made regarding the
hiring of illegal workers as a result of the charter, and indicated that the
municipal code prohibits the hiring of illegal workers. Council Member
Bever also stated that comments made regarding the low need to
fix alleys and drainage are disingenuous, and in response to comments
about negotiations, clarified that the prior Council locked the contracts
with the employee groups. (03:24:01)
Council Member Mensinger asked staff to explain if the city is less safe
compared to last year. CEO Hatch provided background and indicated
that the number of personnel has been reduced but the levels of public
safety are similar to those in the past. Police Chief Tom Gazsi shared
that while certain crimes have increased, the city is safer than eight years
ago. (03:40:07)
Council Member Bever referred to Section 604 and shared concerns
made by employees who preferred not to be members of the employee
association but felt pressured to join. (03:44:50)
MOTION: Approve the charter with the following amendment as
referenced in the second draft titled, "Charter of the City of Costa
Mesa":
-Section 205, Paragraph 3: To remove, "A breach of this section
shall be cause for removal of any such Council Member, officer,
board or member of such board or commission."
Moved by Council Member Stephen Mensinger, seconded by Council
Member Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Eric R.
Bever, Council Member Wendy Leece, Council Member Stephen
Mensinger
Noes: None.
Absent: Mayor Gary Monahan
MOTION: Place the proposed 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 amendment as
referenced in the second draft titled, "Charter of the City of Costa
Mesa":
-Section 201, Paragraph 2: To remove, "If there is no ordinance
establishing the qualifications for a candidate for city council, then a
candidate must meet qualifications as set forth in Government Code
Section 36502 and Elections Code Section 321, as either may be
amended and recodified," and replace with, "A candidate must meet
qualifications as set forth in Government Code Section 36502 and
Elections Code Section 321, as either may be amended and
recodified."
Moved by Mayor Pro Tem James Righeimer, seconded by Council
Member Eric R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Eric R.
Bever, Council Member Wendy Leece, Council Member Stephen
Mensinger
Noes: None.
Absent: Mayor Gary Monahan
MOTION: Create a section and add language to indicate the elections
schedule must follow the schedule of general law.
Moved by Mayor Pro Tem James Righeimer, seconded by Council
Member Eric R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Eric R.
Bever, Council Member Wendy Leece, Council Member Stephen
Mensinger
Noes: None.
Absent: Mayor Gary Monahan
MOTION: Approve the charter with the following amendment as
referenced in the second draft titled, "Charter of the City of Costa
Mesa":
-Section 401, Paragraph 7, first sentence: To change "...the
prevailing wage schedule..." to "...a prevailing wage schedule..";
and
-Section 401, Paragraph 7, last sentence: To change "...shall use the
pertinent rates..." to "...shall consult the pertinent rates..."
Moved by Mayor Pro Tem James Righeimer, seconded by Council
Member Eric R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Eric R.
Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: Mayor Gary Monahan
MOTION: Add Section 403: "The City's prohibited from enacting any
law imposing real property transfer fees."
Moved by Council Member Stephen Mensinger, seconded by Council
Member Eric R. Bever.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Eric R.
Bever, Council Member Wendy Leece, Council Member Stephen
Mensinger
Noes: None.
Absent: Mayor Gary Monahan
MOTION: Approve the charter with the following amendment as
referenced in the second draft titled, "Charter of the City of Costa
Mesa":
-Section 205, Paragraph 2, last sentence: Rewrite the sentence for
clarification to emphasize that members of the Council are to
contact department directors, and not the general employees.
Moved by Council Member Eric R. Bever, seconded by Mayor Pro
Tem James Righeimer.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Eric R.
Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: Mayor Gary Monahan
MOTION: Add "Section 606. Require disclosure of ex parte
communications," as referenced in Attachment 4 titled, "City Charter
Suggestions/Comments (from Jan. 10 through Feb. 10, 2012).
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Add language in the preamble for transparency in
negotiations "as it relates to negotiations and appropriations of
taxpayer dollars."
Moved by Council Member Stephen Mensinger, seconded by Mayor
Pro Tem James Righeimer.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Eric R.
Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: Mayor Gary Monahan
MOTION: Approve the charter with the following amendment as
referenced in the second draft titled, "Charter of the City of Costa Mesa":
-Remove Sections 603 and 604.
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Approve the charter with the following amendment as
referenced in Attachment 3 titled "City Charter Suggestions/Comments
(through Jan. 5, 2011):
-Preamble: Add "...believe fiscal responsibility and the purdent
stewardship of public funds is essential for the confidence in government,
that ethics and integrity are the foundation of public trust and that just
governance is built upon these values. Through the enactment of this
Charter..."; and
-Preamble: Add "It is incumbent upon those who govern and make
decisions for and on behalf of the City of Costa Mesa to legally, as well as
morally, abide by the provisions of this Charter, and in its strictest sense,
to assure the continued success and well-being of our City."
Moved by Council Member Wendy Leece, seconded by Council Member
Stephen Mensinger.
SUBSTITUTE MOTION: Approve the charter with the following
amendment as referenced in Attachment 3 titled "City Charter
Suggestions/Comments (through Jan. 5, 2011)":
-Preamble: Add "...believe fiscal responsibility and the prudent
stewardship of public funds is essential for confidence in
government, that ethics and integrity are the foundation for public
trust and that just governance is built upon these values"; and
-Preamble: Add "It is incumbent upon those who govern and make
decisions for and on behalf of the City of Costa Mesa to legally, as
well as morally, abide by the provisions of this Charter, and to
assure the continued success and well-being of our City."
Moved by Council Member Eric R. Bever, seconded by Mayor Pro
Tem James Righeimer.
The substitute motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Eric R.
Bever, Council Member Stephen Mensinger
Noes: Council Member Wendy Leece
Absent: Mayor Gary Monahan
MOTION: Separate General Powers from Seal in Section 103, and create
Section 104: Seal.
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Approve the charter with the following amendment as
referenced in the second draft titled, "Charter of the City of Costa Mesa":
-Section 100: Add "The boundaries of the city shall continue as now
established until change in the matter authorized by law" to its own
section, "Section 101: Boundaries."
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Approve the charter with the following amendment as
referenced in the second draft titled, "Charter of the City of Costa Mesa":
-Section 202, Paragraph 1: Revise "one regular meeting" to "There shall
be at least two regular meetings in each calendar month."
Moved by Council Member Wendy Leece. Motion died for lack of second.
MOTION: Approve the charter with the following amendment as
referenced in the second draft titled, "Charter of the City of Costa
Mesa":
-Section 100, Title: Add "Boundaries" to the title to now read "Name
of City; Perpetual Succession; Boundaries."
Moved by Council Member Eric R. Bever, seconded by Council
Member Wendy Leece.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem James Righeimer, Council Member Eric R.
Bever, Council Member Wendy Leece, Council Member Stephen
Mensinger
Noes: None.
Absent: Mayor Gary Monahan
MOTION: Add a section on prevailing wage.
Moved by Council Member Wendy Leece. Motion died for lack of second.
ADJOURNMENT - The Mayor Pro Tem adjourned the special meeting at 11:09 p.m.
Mayor of the City of Costa Mesa
ATTEST:
Acting Deputy City Clerk of the
City of Costa Mesa