Minutes - Board - Special - 2018-05-24 I
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING
MAY 24, 2018
Members present
Arlene Schafer, Art Perry, Jim Ferryman, Mike Scheafer
Members absent
Bob Ooten
Staff present
Scott Carroll (General Manager), Alan Burns (District Counsel), Steve Hodges (Finance
Manager), Noelani Middenway (District Clerk), Gina Terraneo (Management Analyst II)
Others present
Barry Friedland (resident), Jim Mosher (resident), Deborah Diep (Cal State Fullerton
Center for Demographic Research)
Meeting called to order at 5:01 P.M.
A. Opening Items
1. Call to Order
President Scheafer called the meeting to order at 5:01 P.M.
2. Roll Call - (If absences occur, consider whether to deem those absences excused
based on facts presented for the absence — such determination shall be the permission
required by law.)
District Clerk, Noelani Middenway, conducted roll call. All Board Members were
present except for Assistant Secretary Ooten.
B. Public Comments
1. Public Comments -This time has been set aside for persons in the audience to make
the Board of comments on items within the subject matter jurisdiction of the Costa Mesa
Sanitary District that are not listed on this agenda. Members of the public will have the
opportunity to address Directors about all other items on this agenda at the time those
items are considered. Under the provisions of the Brown Act, the Board of Directors is
prohibited from taking action on oral requests but may refer the matter to staff or to a
subsequent meeting. The Board of Directors will respond after public comment has
COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING
HELD MAY 24,2018
been received. Please state your name. Each speaker will be limited to four (4)
continuous minutes.
President Scheafer opened public comments. He noted that Jim Mosher, a
resident, provided a request to make public comment.
Jim Mosher provided comments regarding the upcoming public hearing schedule
for the District's pending transition to by-district voting. He noted that 3 of the 5
required public hearings are scheduled to be held during Citizens Advisory
Committee meetings. Mr. Mosher suggested that the Board of Directors verify
that this is legally allowable and noted that cities typically do not hold public
hearings during committee meetings.
President Scheafer noted that Mr. Mosher's comments were received by General
Manager, Scott Carroll, via email and noted that Mr. Carroll provided a response
to Mr. Mosher.
District Counsel, Alan Burns, noted that the public hearing requirement in the
elections code does not address whether or not a public hearing can be held
during a committee meeting. He noted that the District is holding the public
hearings with 10 days' notice, which may be above and beyond the law's
requirements. Mr. Burns noted that the purpose of the public hearings is to allow
the public to provide input regarding voting district maps. Lastly, he indicated that
the District's scheduled public hearing process is legally acceptable, but he noted
that it can be altered if the Board of Directors wishes to alter it.
Seeing no one else wishing to speak, President Scheafer closed public
comments.
C. Adjourn to Closed Session
Procedural: 1. Conference with Legal Counsel-Anticipated Litigation -- Significant
exposure to litigation pursuant to Government Code Section 54956.9(2)- (1 case).
The "existing facts and circumstances" creating a significant exposure to
litigation are set forth in a letter from Attorney Kevin Shenkman dated March 26,
2018 and received March 29, 2018.
President Scheafer adjourned the meeting to closed session at 5:05 P.M. to
confer with Legal Counsel regarding significant exposure to litigation pursuant to
Government Code Section 54956.9(2) - (1 case) and the "existing facts and
circumstances" creating a significant exposure to litigation that are set forth in a
letter from Attorney Kevin Shenkman dated March 26, 2018 and received March
29, 2018. President Scheafer noted that District Clerk, Noelani Middenway, and
Cal State Fullerton Center for Demographic Research demographer, Deborah
Diep, would be joining the Board of Directors, General Manager Scott Carroll,
and District Counsel Alan Burns in closed session.
COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING
HELD MAY 24, 2018
President Scheafer reconvened the meeting to open session at 5:40 P.M. and
noted that there was no reportable action taken during the closed session.
D. Closing Items
President Scheafer adjourned the meeting at 5:40 P.M.
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Arlene Schafer Michael Schea -r
Secretary President