Minutes - Board - 2012-12-20 (2) 11‘SANIT,gRy
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING
DECEMBER 20, 2012
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in special session on
December 20, 2012 at 5:30 p.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; Anna Sanchez,
Administrative Service Manager; Noelani
Middenway, Deputy District Clerk; Rob
Hamers, District Engineer; Marc Davis,
District Treasurer; Javier Ochiqui,
Management Analyst
OTHERS PRESENT: Robert Dickson, Costa Mesa Planning
Commissioner; Bradley Zint, Daily Pilot
Newspaper; Dean Ruffridge, CR&R; Rick
Simonson, HF&H Consultants; John
Farnkopf, HF&H Consultants; Martin Patel,
WNPE
PUBLIC COMMENT
District Counsel Burns noted that this Special Meeting was being held to discuss in
closed session the Attorney General's opinion in the Quo Warranto action entitled
Application for Leave to Sue in Quo Warranto Costa Mesa Sanitary District et al. v.
Fitzpatrick, Opinion No. 12-602.
President Ooten invited members of the public to address the Board.
COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING
HELD DECEMBER 20, 2012
Robert Dickson, Costa Mesa Planning Commissioner, urged the Board to vote not
proceed with the lawsuit until pending legislation determined the incompatibility of office.
District Counsel Burns stated for the record that he had advised Director Fitzpatrick that
it was not advisable to speak on this item as it concerned his personal financial interest.
Jim Fitzpatrick addressed the Board as a member of the public. He expressed
disappointment that this item was to be held in closed session, quoted sections of the
Attorney General's opinion and encouraged the Board to allow the legislature to clarify
the issue as outlined by the Attorney General.
There was no motion offered.
President Ooten adjourned to closed session at 5:40 p.m.
ADJOURN TO CLOSED SESSION WITH LEGAL COUNSEL TO DISCUSS ATTORNEY GENERAL'S
OPINION AND LITIGATION OPTIONS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(A) °=m
AND(C)
RECONVENE TO OPEN SESSION AND MAKE ANY APPROPRIATE ANNOUNCEMENTS
President Ooten reconvened to open session at 5:58 p.m. and noted the Board voted to
pursue litigation consistent with the Attorney General's findings by a vote of 4-0:
ADJOURNMENT
President Ooten adjourned the meeting at 6:00 p.m.
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Secretary - 1 Pre 'dent