costa mesa charter discussion
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Costa Mesa Charter Discussion
Mar. 15, 2012Updated April 5, 2012
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Background
Charter = new system of laws for Costa Mesa, replacing California general law for municipal affairs
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How will what the charter doesn’t say affect Land Use and Parks?
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Land use/parks
• General Plan and Zoning• What changes? e.g., hearing notice,
standards for variances relaxed
• What remains? e.g., second units in single-family areas
• Parks and public property
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How would the Charter affect Voter’s Rights?
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Elections• (Sec 702)Unless otherwise provided by
ordinance here-after enacted…
• Council is permitted to override Elections Code changing election dates and election requirements.
• Charter Cities have supreme authority to change Election Rules.
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How would the Charter affect other Resident
Rights?
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Initiative/referendum• Amending the charter
• Amending other laws
• Changes in notices and public disclosure
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How would the Charter affect our
pocketbooks?
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Our Pocketbook
• Existing Law
• Increased fines for minor infractions
• Litigation
• Long run costs
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How would the Charter affect Public Contracting?
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What's in Public Contract Code?
• Competitive Bidding• Licensed Contractors Only • Must Carry Workers' Comp to be Licensed• Lowest Responsible Bidder Gets Contract• Method for Handling Change Orders,
Schedule Slips, Cost Overruns
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Competitive Bidding
• Need for Bids is Published Along with How to Get More Info
• Deadlines for Submittal and Opening • Bid Scoring Process is Public• Can Set Up Pre-Qualification Process• Lowest Bidder or Lowest Responsible
Bidder Wins• Codified Process for Appealing Bid
Selection
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WHAT’S THE TRUTH?
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What is the truth?
• No effect on existing unfunded pension liability
• Won’t prevent Bell-like abuses
• Unlimited power for council
• Eliminates Citizen’s protections given by California State Laws
• 75% of the cities in California are General Law Cities not charter cities.
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WHAT’S THE TRUTH?
This charter puts the camel’s nose under the tent.
A poorly written charter can lead to all sorts of abuses.
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Videos #8: Outsourcing Question
• 8-1 Outsourcing and Pension Liability Can you outsource as a General Law City?
• 8-2 Can being a charter city affect federal or other grant monies only available to municipalities?
• 8-3 Can being a charter city affect how we get Federal Money for non profits? If we are getting Federal Money, will our ability to receive that money be affected by being a charter?
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Videos #9: Pension Liability Question
• 9 -1How do your propose to solve the problem of 7 million dollars unfunded liability created by previous city councils due to a lack of foresight with regards to salaries and overly generous retirement benefits.?
I think you are scapegoating the present City Council. They are trying to work through the above problem and need certain tools…example the charter to prevent the city from going bankrupt.
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Video #10: Council Member Removal, Disclosure, Citizens Commissions, and Charter Proponents
• 11-2 Under the proposed charter: Do council members have the right to remove another council member without cause? With how many votes?
• 11-3 3 people can control the whole city? Isn’t that how we got here, secretive, non-disclosure? Where is the improvement?
• 11-4 Assuming the charter referendum is not on the June 2012 ballot, could a group of Costa Mesa citizens form their own working group to research, develop and present a charter for the citizens to vote on? Does the working group have to be officially appointed by the current CM City Council?
• 11- 5 Who are the proponents of passing a charter: political, business or otherwise? And what are their respective reasons?
• 11-6 Why isn’t anyone on the panel for the Charter?
• 11-6a • What are you afraid of?
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Video #11: Why June? Pay Raises for City Council?
• 11-1 Any other items on the ballot? If not, why June? Why do this at all?
• 12-2 This question pertains to the Charter City Council
1. Can the City Council members raise their salaries without voter approval? Is there a ceiling for salaries of City Council Appointees? 2. Would there be Councilman Districts under the City Charter?
• 12-3 /13-1 Will the charter give the council the ability to dispense with the lawsuit filed by our employees association for their blatant disregard of their employment contract?
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Video #12: Employee Association Lawsuit? Checks and Balances?
Public Comment at Council Meetings?• 12-1
Will the charter give the council the ability to dispense with the lawsuit filed by our employees association for their blatant disregard of their employment contract?
• 12-2
In the panel’s estimation does the charter, as proposed, remove the checks and balances that would prevent political corruption?
• 13-3
What laws in the charter would require the City Council to comment on considerations of public input at Council Meetings?
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Video #13: Council’s Expansion of Power and Penalties for
Charter Violations• 13-1
On your slide, What is the Truth, Would you please explain item #3, unlimited power for council?
• 13-21. Are there any penalties for violating the provisions of a charter is not specified in it?
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Video #14: Initiative Standards, City Employee Powers, Motivation of Employee Sections, and
Prevailing Wage Questions • 14-1: Where is the 15% requirement for initiative petitions?
• 14-2: What are the powers and duties of the CEO under the proposed charter? Do they need to be spelled out more clearly?
• 14-3: Who appoints the City Treasurer now an under the charter? Could this be an independent office?
• 14-4: What do you think is the motivation behind the charter section controlling employee contributions, dues, and benefit increases?
• 14-5: Explain the lawsuit involving the City of Vista prevailing wage and how the outcome in California Supreme Court might affect the Costa Mesa Charter?
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Video #15: Buena Park Charter
• 15-1
Buena Park has a simple one page charter with two paragraphs. If a charter is a good idea, why not use a simple enabling document, easier to pass, no unintended consequences?
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Video #16: Ethically Transparent Decisions
• 16-1 Given all that happens in general law or charter cities is a result of decisions made by the city council, planning, public works;
A. Is there a process in place to make decisions transparently?
B. If not, what process would be required to implement and require a decision making
process so ethically transparent decisions are made?
• 16-2: If an item is on the agenda and there is citizen input at the meeting how does the Brown act cover that?
• 16-3: Is there a process with the city so that we can see how they came to a decision on an issue?
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Video #17: Fines, Design and Build Construction, and Wrap Up
• 17-1: What ceiling is there on fines at present?
• 17-2: What is “design and build” in construction projects?
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Learn More at
www.cm4rg.org