City of Costa Mesa Home Rule Charter, Measure O (November 2014)

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A City of Costa Mesa Home Rule Charter, Measure O ballot question was on the November 4, 2014 election ballot for voters in the city of Costa Mesa in Orange County, California. It was defeated.

If approved, Measure O would have changed the city of Costa Mesa from a general law city to a home rule city with its own city charter.

According to the city's impartial analysis of Measure O, the city would have continued to operate under general state law in some areas, while establishing its own rules and laws in others. Below are the prominent examples used by the city analysis:

Things that would have stayed the same:

• the city would still have the council-manager form of government
• the city council members’ term of office, compensation, and limitations on hiring administrative officers would remain in place
• the city would continue to follow the same procedures for holding municipal elections and adopting initiatives, referendums and recalls
• the proposed charter continues to require zoning ordinances to be compatible with the city’s General Plan.

Things that would have changed:

• the proposed charter requires a two-thirds (66.67%) vote of the people to authorize any increase in public employee retirement or post-employment benefits
• the city would not able to pay prevailing wages on public projects that are paid for solely with local funds
• the city could outsource existing city operations that may be performed as or more efficiently and effectively by a third party
• city council members could not seek employment with the city during or two years following their term of office
• the city would be required to maintain reserve funds for significant or unexpected events
• the city council would be required to review the city's cash reserve every five years

A measure seeking to establish a home rule charter for Costa Mesa - Measure V - was rejected by voters in 2012.

Election results

Orange County, Measure O
Result		Votes	Percentage
d No		12,084	63.3%
Yes		6,994	36.7%

Election results via: Orange County Registrar of Voters

Text of measure

Ballot question

The question on the ballot appeared as:

“

Shall the City of Costa Mesa establish home rule by adopting the proposed charter as approved by the City Council? (quote)

”

Ballot summary

The ballot summary for Measure O:

“

A vote in favor of Measure O changes the City of Costa Mesa ("City" of "Costa Mesa") from a general law city to a charter city. If passed, Measure O will establish home rule so that the City controls municipal affairs as defined by the California Constitution and courts. The proposed charter, attached hereto, provides the full language set forth in its provisions. The following is a summary of those provisions.

”

Impartial analysis

The following impartial analysis was provided for Measure O:

“	The question before voters is whether the City of Costa Mesa shall establish home rule by adopting the proposed charter as approved by the City Council. What is home rule? California cities fall under one of two categories: general law cities and charter cities. General law cities are bound by the general laws of the State of California regardless of whether the issue is a municipal affair that is within the city’s authority to regulate. Charter cities, on the other hand, have greater authority than general law cities over municipal affairs. This is known as home rule. The California legislature and courts determine what matters are considered municipal affairs. The proposed charter continues to follow general law in a number of ways. For example, if the proposed charter is adopted, the city would remain a council-manager form of government. City Council members’ term of office, compensation, and limitations on hiring administrative officers would remain in place. Additionally, the city would continue to follow the same procedures for holding municipal elections, adopting initiatives, referendums and recalls, and complying with the Civic Openness In Negotiations (COIN) ordinance. Finally, the proposed charter continues to require that all zoning ordinances that are adopted be consistent with the city’s General Plan. The proposed charter does not follow general law in a number of areas. For example, the proposed charter requires two-thirds voter approval for any increase in public employee retirement or post-employment benefits. With regard to public contracting, the city would not able to pay prevailing wages on public projects that are paid for solely with local funds. The proposed charter permits outsourcing of existing city operations and services that may be performed as or more efficiently and effectively by a third party. The proposed charter prohibits members of the City Council from employment with the city during or two years following their term of office. In addition, the proposed charter requires the City to maintain cash reserves for significant or unexpected events as determined by a supermajority of the City Council. It also requires the City Council to review the city's cash reserve every five years. If the proposed charter is approved, the city must continue to comply with federal laws and state laws that are considered matters of statewide concern, including the open meeting laws set forth in the Brown Act, and the Political Reform Act (campaign regulations, financial disclosure and conflicts of interest). If the proposed charter is approved, it must be reviewed at least every 10 years and no changes can be made without majority voter approval at a statewide general election. This measure was placed on the ballot by the Costa Mesa City Council. A “YES” VOTE MEANS you want Costa Mesa to adopt the proposed charter. A “NO” VOTE MEANS you do not want Costa Mesa to adopt the proposed charter.	”
—Costa Mesa City Attorney

Full text

The full text of the proposed charter that would have become city law if Measure O was approved is available here.

A summary of the proposed charter is available here.

Support

Supporters

The following individuals signed the official arguments in support of Measure O:

• Ron Amburgey, Citizens Charter Committee Member and Mesa Del Mar Resident
• Rhonda Rohrabacher, Eastside Mom
• Lee A. Ramos, Citizens Charter Committee Member and Eastside resident
• Kerry McCarthy, Citizens Charter Committee Member and businesswoman
• Jim Righeimer, mayor of the city of Costa Mesa

A campaign called Home Rule for Costa Mesa was started to urge voters to support Measure O.

Arguments in favor

The following was submitted as the official arguments in favor of Measure O:

“	Our charter would allow us to declare our independence in local matters from the politicians in union-controlled Sacramento. Thirteen residents of the independent Costa Mesa Charter Committee convened 16 times over 10 months to draft the Costa Mesa Charter. They took the best parts from the charters of Newport Beach, Irvine, and Huntington Beach and drafted a “local constitution” for Costa Mesa. Becoming a charter city simply puts Costa Mesa residents in charge – not Sacramento politicians. After a year of study and debate, the blue-ribbon committee—made up of concerned and active residents—voted 10-1 to approve the charter. The Citizens Charter Committee determined we can govern ourselves better than Sacramento. Sacramento doesn’t act with our best interests in mind. The citizens of Costa Mesa can do a better job. In declaring Costa Mesa a charter city, residents would: Be free from Sacramento and have ultimate control over local affairs. Require voter approval for any increase in public employee pension benefits. Set strict standards for public contracting. Save millions in tax dollars by freeing the city from having to pay union wages on locally funded projects such as fire stations and libraries. Require maximum transparency while negotiating contracts with public employee labor unions. Costa Mesa’s charter also contains important safeguards for residents because it: Preserves all our 61 years’ worth of city laws and policies. Ties elections, council compensation and adoption of ordinances to state law, preventing any abuses by a single city council. Newport Beach, Huntington Beach and Irvine are among the more than 130 charter cities in California that believe the best form of government is Home Rule and the government that is closest to the people. The residents of Costa Mesa deserve the right to govern themselves: Yes on Measure O!	”
—Ron Amburgey, Rhonda Rohrabacher, Lee A. Ramos, Kerry McCarthy and Jim Righeimer

Opposition

Opponents

The following individuals signed the official arguments in opposition to Measure O:

• Sandra Genis, Costa Mesa City Councilmember and former mayor
• Jeff Perry, high school teacher and coach
• Wendy Leece, Costa Mesa City Councilmember and former school board trustee
• Mary Ann O’Connell, businesswoman and Costa Mesa Charter Committee Member
• John Stephens, business attorney and Costa Mesa Pension Oversight Committee Member

The group campaigning against Measure O was called Costa Mesans for Responsible Government (CM4RG).

Arguments against

CM4RG, "Ethics Terrify Costa Mesa's Incumbent Mayor!" June 12, 2014

The following was submitted as the official arguments in opposition to Measure O:

“	What part of NO don’t the councilmen understand? In 2012, Costa Mesa voters rejected their charter scheme by a decisive 60/40 vote. But the councilmen didn’t listen to us. They stacked a “committee” with their cronies who cobbled together a charter that’s even worse. No one bothered to consider whether Costa Mesa even needs a charter. Like 75% of California cities, Costa Mesa has been a General Law city since its 1953 incorporation. There is no reason to eliminate the protections of General Law. Measure O is a power grab by self-interested politicians who could turn over our tax dollars to their favored special interests. We cannot afford to let politicians run rampant without regard to General Law. We don’t know what they’ll do because they refuse to tell us. So far, their mistakes have cost us Millions in legal fees. Why trust them now? Measure O puts our money at risk. Charter cities have unlimited power to increase fines and assessments, and to gift public funds. With this charter, we would lose Millions in State funding. Charter cities Bell, Stockton, San Bernardino and Compton have suffered financial collapses or scandals. Oceanside’s charter is a fiscal fiasco with construction projects going to incompetent contractors, causing cost overruns and delays. Measure O puts our neighborhoods at risk. Charter cities aren’t subject to State limits on variances for developers. Our parks could be leased for 99 years without notice. Measure O won’t reduce our pension obligations. Three of the four OC cities with the worst pension-funding percentages (Newport Beach, Huntington Beach and Garden Grove) are charter cities. This charter would make negotiating pension-benefit reductions more difficult. The Los Angeles Grand Jury warned about the dangers of charters. The “committee” ignored these warnings; we cannot afford to. Vote NO on Measure O . . . AGAIN.	”
—Sandra Genis, Jeff Perry, Wendy Leece, Mary Ann O’Connell and John Stephens

Related measures

• Adoption of a Costa Mesa City Charter, Measure V (November 2012) d

See also

• Home rule charter on the ballot
• Orange County, California ballot measures
• November 4, 2014 ballot measures in California

External links

Suggest a link

• Orange County Elections Office website
• Costa Mesa City Elections Office website
• Summary of the Proposed Home Rule Charter of Costa Mesa
• Proposed Home Rule Charter of Costa Mesa

Support

• Home Rule for Costa Measa website

Opposition

• Costa Mesans for Responsible Government website