Loading...
Minutes - Board - 2012-05-16Item VII. A. 2. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING MAY 169 2012 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in special session on May 16, 2012 at 9:07 a.m. at 628 W. 19th Street, Costa Mesa. ROLL CALL DIRECTORS PRESENT: Robert Ooten, James Ferryman, Jim Fitzpatrick, Art Perry, Mike Scheafer STAFF PRESENT: Scott Carroll, General Manager; Alan Burns, District Counsel OTHERS PRESENT: Jim Mosher, Newport Beach resident, CMSD rate payer; Robert Dickson, Costa Mesa Planning Commissioner PUBLIC COMMENT President Ooten invited members of the public to address the Board. Jim Mosher reported having never met Director Fitzpatrick other than having attending two previous Committee meetings. He stated having read about the issue in the newspapers and felt it a waste of time and rate payer money. He referenced a 1999 legal opinion by the State Attorney General's office and felt Director Fitzpatrick is doing the correct thing in stepping down from his other office. He expressed. concerns regarding the public's business being conducted out of public earshot, referenced Brown Act requirements and felt that many agencies hold an inappropriate amount of closed sessions. Mr. Mosher questioned CMSD's reference to existing litigation since he was unable to find any records in the Orange County Superior Court regarding People v. Jim Fitzpatrick. He felt that rather than existing litigation it is litigation being considered and the reference to Quo Warranto requires a private individual to request permission from the Attorney General to sue a public official and CMSD is not a private individual. He COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING HELD MAY 16, 2012 felt holding a closed session without a director participating is not in the interest of good governance. He felt that open discussion would highlight the issues and bring them to a more rapid conclusion and urged the Board to reject Legal Counsel's recommendation and discuss the matter in public. Robert Dickson, Costa Mesa Planning Commissioner, reported that Mr. Mosher addressed many of the points he wanted to address. Specifically, he referenced the Attorney General's opinions regarding the Water District and the Planning Commission, referenced Health and Safety Code 6480(B) noting that it contains no definition of a legislative body. However, there is one within the Brown Act, including the Planning Commission. He expressed disappointment that there were no efforts to seek compatibility and with Director Fitzpatrick's resignation from the Planning Commission. He spoke in support of Director Fitzpatrick and commended his passion for issues of concern. He urged CMSD to move forward and put the issue to rest. Jim Fitzpatrick noted he is an elected member of the CMSD and that the action of the other Board Members has forced him to rise from his elected position and join the ranks of the public. He felt the actions have been personal and reported that he has resigned from the Costa Mesa Planning Commission, not because he believed there was a conflict of interest. He referenced the Health and Safety Code 6480(B) noting it provides a legislative exemption to allow a legislative body to serve on both agencies and listed examples of people doing so as precedence. He requested that the Board stop this action immediately and hold the deliberation in public so that the public can have the benefit of the deliberation. Seeing and hearing no one. else wishing to address the Board, President Ooten closed the public comment portion of the meeting. Legal Counsel Burns responded regarding the appropriateness of holding a closed session. He reported the need to seek permission from the Attorney General's office before the filing goes forward, noted this is an administrative step and that the Brown Act allows closed sessions for litigation /adversarial proceedings as well as lawsuits and matters that have not been filed, but are sought. In response to Director Fitzpatrick's inquiry, Mr. Burns affirmed that the Board has the ability to waive the closed session and hold the deliberations in public. . Director Fitzpatrick noted a member of the public has asked for the proceedings to be public and urged the Board to do so. Discussion followed regarding a possible conflict of interest existing if Director Fitzpatrick were to make a motion for a public hearing. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING HELD MAY 16, 2012 Director Fitzpatrick reiterated the public request as well as his request for a public hearing and stated he defers to the Board with the knowledge that the Board is able to change the closed session to a public hearing. There was no motion offered. President Ooten adjourned to closed session at 9:21 a.m. ADJOURN TO CLOSED SESSION WITH LEGAL COUNSEL TO DISCUSS EXISTING LITIGATION (PEOPLE V. JIM FITZPATRICK - QUO WARRANTO TO DETERMINE IF DIRECTOR FITZPATRICK'S APPOINTMENT TO THE COSTA MESA PLANNING COMMISSION CAUSED A VACATION OF HIS OFFICE AS DIRECTOR AS BEING INCOMPATIBLE) (GOV. CODE § 54956.9) RECONVENE TO OPEN SESSION AND MAKE ANY APPROPRIATE ANNOUNCEMENTS President Ooten reconvened to open session at 9:55 a.m. and noted the Board took no reportable action. ADJOURNMENT President Ooten adjourned the meeting at 9:56 a.m. Secr ary .t r 'Presidenf