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Minutes - Board - Special - 2018-05-31 "u y COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING MAY 31,2018 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Alan Burns (District Counsel), Noelani Middenway (District Clerk), Gina Terraneo (Management Analyst II) Others present Jim Mosher (Resident) Meeting called to order at 7:14 P.M. A. Opening Items 1. Call to Order President Scheafer called the meeting to order at 7:14 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 and all Board Members were present. 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 31,2018 been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. President Scheafer opened public comments. Jim Mosher, a resident, commented that the Board of Directors have been going into closed session more often than usual. He suggested that the Board of Directors share relevant information with the Citizens Advisory Committee in regards to Item Cl. District Counsel, Alan Burns, noted that the Board of Directors are precluded from sharing any information discussed during closed session in regards to Item Cl. President Scheafer noted that the Board of Directors will not be drawing voting district maps during closed session. C. Adjourn to Closed Session President Scheafer adjourned the meeting to closed session at 7:16 P.M. in order to discuss the following items: 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. Procedural: 2. Conference with Legal Counsel - Existing Litigation Government Code §54956.9(d)(1) -- The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJC. D. Closing Items 1. Reconvene to Open Session and Report Out of any Reportable Action President Scheafer reconvened the meeting to open session at 7:30 P.M. and noted that there was no reportable action taken on either closed session item. 2. Oral Communications & Director Comments None at this time. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING HELD MAY 31,2018 3. Adjourn President Scheafer adjourned the meeting at 7:31 P.M. 1 , /I i tie,"4 /hil Arlene Schafer Michael Scheafe r Secretary President