Minutes - Board - 2017-04-27 i
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
APRIL 27,2017
Members present
Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Members absent
None
Staff present
Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns
(District Counsel), Robin Hamers (District Engineer), Wendy Davis (Finance Manager),
Marc Davis (District Treasurer), Gina Terraneo (Management Analyst I)
Others present
Mike Carey (Costa Mesa Foundation)
Meeting called to order at 5:30 P.M.
A. OPENING ITEMS
Procedural: 1. Call to Order
President Scheafer called the meeting to order at 5:30 P.M.
Procedural: 2. Pledge of Allegiance
President Scheafer led the pledge of allegiance.
Procedural: 3. Invocation
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Vice President Ferryman led the invocation.
Procedural: 4. Roll Call
District Clerk, Noelani Middenway, conducted the roll call and all Board Members
were present.
Procedural: 5. Ceremonial Matters and Presentations
None at this time.
Procedural: 6. Announcement of Late Communications
None at this time.
Procedural: 7. Public Comments
President Scheafer opened public comments. Seeing no one from the public
wishing to speak, he closed public comments.
B. CONSENT CALENDAR
Action (Consent): 1. Approve Consent Calendar
Recommendation: That the Board of Directors approve the Consent Calendar as
presented.
Action (Consent): 2. Board of Directors Study Session Meeting Minutes of
March 14, 2017
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
Action (Consent): 4. Directors' Compensation and Reimbursement of
Expenses
Recommendation: That the Board of Directors approve the compensation and
reimbursement of expenses as presented.
Action (Consent): 5. Receive and File Sewer Lateral Assistance Program
(SLAP) Update for March 2017
Recommendation: That the Board of Directors receive and file this report.
Action (Consent): 6. Approve Payroll Transparency Disclosure for March 2017
Recommendation: That the Board of Directors approve and file the report.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Action (Consent): 7. Approve Resolution 2017-896 to Submit Application for
the County of Orange's 4th Cycle Regional Recycling & Waste Reduction
Grant
Recommendation: That the Board of Directors approve Resolution 2017-896 to
submit an application for the County of Orange's 4th Cycle Regional Recycling &
Waste Reduction Grant.
Action (Consent): 8. Adopt Warrant Resolution No. CMSD 2017-10 Approving
District Warrant Registers
Recommendation: That the Board of Directors adopt Warrant Resolution No.
CMSD 2017-10 approving District warrants for the month of March 2017 in the
amount of$1,006,212.33.
Action (Consent): 9. Accept the occupancy count as presented as 22,518 and
direct staff to prepare a warrant to CR&R Environmental Services for
$220,572.82 for March 2017 collection.
Recommendation: Accept the occupancy count as presented using 22,518 as the
correct number of active units and direct staff to prepare a warrant to CR&R
Environmental Services for March 2017 collection based on this occupancy report
so long as the contractor fulfills the obligations of the agreement in the amount of
$220,572.82 to be ratified in the April 2017 warrant list.
Action (Consent): 10. Approve the preparation of a warrant to CR Transfer in
the amount of$212,734.43 for March 2017 recycling and disposal services in
the April 2017 warrant register.
Recommendation: Approve the preparation of a warrant to CR Transfer in the
amount of $212,734.43 for March 2017 recycling and disposal services to be
ratified in the April 2017 warrant register.
District Counsel, Alan Burns, requested that Item B3 be pulled from the consent
calendar due to corrections to the minutes.
Motion: To approve the Consent Calendar with the exception of Item B3 "Board of
Directors Regular Meeting Minutes of March 23, 2017."
Motion by Bob Ooten, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
Action (Consent): 3. Board of Directors Regular Meeting Minutes of March 23, 2017
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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District Counsel, Alan Burns, requested that a correction be made to Item D3
"Approve the Board/Community Room Rental Policy" to note the following: that a
donor would not receive a charitable contribution deduction for tax purposes and
that public funds can be used as long as one of the District's purposes is being
served or advanced.
Motion: To approve Item B3 "Board of Directors Regular Meeting Minutes of
March 23, 2017" with the District Counsel's corrections.
Motion by Art Perry, second by Bob Ooten.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
C. PUBLIC HEARINGS
None at this time.
D. GENERAL MANAGER'S REPORTS
Action: 4. Consider Contribution Program Application for Concerts in the Park
Recommendation: That the Board of Directors approve the Costa Mesa Foundation's
contribution application requesting a $2,500 sponsorship for the Concerts in the Park
series of events.
President Scheafer noted that Assistant Secretary Ooten requested to move Item
D4 to the beginning of the General Manager's Reports due to Mike Carey's
presence at the meeting.
General Manager, Scott Carroll, presented the Contribution Program Application
for the Concerts in the Park event. He noted that the Board of Directors must
establish the purpose that the District is serving by making the contribution and
describe how the contribution will advance this purpose.
Motion: That the Board of Directors approve the Costa Mesa Foundation's
contribution application requesting a $2,500 sponsorship for the Concerts in the
Park series of events.
Motion by Bob Ooten, second by Arlene Schafer.
Assistant Secretary Ooten noted that the event gives the District the opportunity to
educate the public about the services it provides.
Director Perry asked how much the District contributed last year.
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Mr. Carroll shared that the District contributed $2,500 last year. He added that the
District can promote recycling and sewer programs at its booth.
President Scheafer invited Mike Carey to answer questions about the event on
behalf of the Costa Mesa Foundation.
Mr. Carey shared that the event will take place on three Tuesdays due to the July
4th holiday and that each event will take place from about 5:30 - 7:45 P.M.
Discussion followed regarding the high level of attendance at this event.
President Scheafer indicated that there would be an opportunity for
District visibility at the event.
Mr. Carroll noted that staff can promote the Organics Recycling, CCTV, and
Household Hazardous Waste programs at the event.
Secretary Schafer shared that children enjoy the games that the District offers at
its booth.
Motion: That the Board of Directors approve the Costa Mesa Foundation's
contribution application requesting a $2,500 sponsorship for the Concerts in the
Park series of events.
Motion by Bob Ooten, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
Action: 1. Consider Contribution Program Application for Costa Mesa Newport
Harbor Lions Club Fish Fry
Recommendation: That the Board of Directors approve the Costa Mesa Newport Harbor
Lions Club Contribution Application requesting 3 District generators for the Fish Fry
event.
Mr. Carroll presented the Contribution Application for the Lions Club Fish Fry
event to provide three District generators to power the event.
Director Perry asked if the generators need to be exercised regularly.
Mr. Carroll noted that District staff exercises the generators daily. He noted that
the Lions Club will provide the District with a booth to promote District programs in
exchange for the generator use.
Director Perry requested information about the District's booth.
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Mr. Carroll noted that District staff would run the booth on Saturday and Sunday
from about noon to 5:00 P.M.
Discussion followed regarding the booth hours, generator use procedures,
and staff overtime.
President Scheafer noted that staff will have to request proof of general liability
insurance for use of the generators from the Lions Club. He added that there is a
requirement for generators to have a grounding rod in order to remain compliant
with fire department requirements.
Motion: That the Board of Directors approve the Costa Mesa Newport Harbor
Lions Club Contribution Application requesting 3 District generators for the Fish
Fry event.
Motion by Art Perry, second by Jim Ferryman.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
Action, Discussion: 2. Consider Assigning Microsoft Surface Pro 4 tablets to Board
of Directors and Two Staff Members for Conducting CMSD Business
Recommendation: That the Board of Directors considers assigning Surface Pro 4
tablets to the Board of Directors and two staff members for conducting CMSD business.
Mr. Carroll requested that the Board of Directors discuss and consider Item D2
after hearing Mr. Burns' oral report during Item G1.
Action: 3. Consider Being a Sponsor for the City of Costa Mesa Mayor's
Celebration -The Art of Leadership
Recommendation: That the Board of Directors:
1. Establish the purpose CMSD is trying to serve as a sponsor to the Mayor's
Celebration —The Art of Leadership; and
2. Describe how the expenditures will advance CMSD's purpose; and
3. Consider being a Bronze Sponsor to the Mayor's Celebration —The Art of
Leadership; and
4. Approve budget adjustment in the amount of$2,500 to provide adequate funding for
the sponsorship.
Mr. Carroll presented the Contribution Application for the City of Costa Mesa
Mayor's Celebration. He noted that this is the 5th year of the event and that the
District has not been a sponsor for the last 2 years of the event.
Director Perry commented that he does not see the benefit of sponsoring this
event.
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Vice President Ferryman commented that he believes that the proceeds for the
event are donated to arts programs within the school system.
Secretary Schafer commented that the sponsorship would show District support
and partnership with the City of Costa Mesa.
President Scheafer asked if the District would have the opportunity to promote
itself at the event and asked Mr. Burns if a sponsorship in support of another local
agency would be seen as advancing the District's purpose.
Mr. Carroll noted that the District's logo would appear at the event and that the
District could request to add text underneath its logo to promote District programs.
Mr. Burns noted that the courts would defer to the Board of Directors'
determination if they determined that the sponsorship would advance the District's
purpose.
Director Perry expressed concern with the recommended sponsorship amount
and the event's ability to advance the District's purpose.
President Scheafer indicated agreement.
Discussion followed regarding the organizations that benefit from the event.
Motion: To approve a budget adjustment in the amount of $2,500 to provide
adequate funding for the bronze sponsorship and to request to place text below
the District logo on all sponsorship acknowledgements.
Motion by Arlene Schafer, second by Bob Ooten.
Final Resolution: Motion Carries 3-2
Aye: Arlene Schafer, Bob Ooten, Jim Ferryman
No: Art Perry, Mike Scheafer
Further discussion followed regarding the number of tickets that the District would
receive for its sponsorship, which Board Members would attend the event, and the
location of the event.
President Scheafer requested that Ms. Middenway send out an invitation to the
Board Members for the event.
There were no further questions or discussion.
Action (Consent): 5. Receive and File the Third Quarter Budget Review of FY2016-
17
Recommendation: The Board of Directors receive and file this report.
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11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 27,2017
Finance Manager, Wendy Davis, presented the Third Quarter Budget Review of
FY 2016-2017. She noted that staff is anticipating that the Solid Waste Fund will
be under budget by $126,000, while the Wastewater Fund will be under budget by
$87,000. She added that within the Solid Waste Fund, the Hauler line item will be
over budget by $25,000, the Recycling and Disposal line item will be over budget
by $170,000, and the Organics line item will be under budget by $230,000. Ms.
Davis noted that staff initially anticipated more participation in the Organics
Recycling Program.
Discussion followed regarding the end of the fiscal year, the costs of legal
services, and capital improvement projects.
President Scheafer noted that the District did not spend any funds in regards to
placing Measure TT on the ballot. Additionally, he requested clarification regarding
the Organics Recycling Program participation level and tonnage trends.
Discussion followed regarding new developments, occupancy, and capital
improvement projects, including the manhole rehabilitation project.
There were no further questions or discussion and the report was received.
Discussion: 6. Receive and File FY 2015-20 Strategic Plan Quarterly Update - 3rd
Quarter
Recommendation: That the Board of Directors receive and file this report.
Mr. Carroll presented that Quarterly Update. He noted that the District is nearly 2
years into its Strategic Plan and staff has completed 16 goals.
There were no questions or discussion and the report was received.
Action: 7. Consider Rewarding Ideas Program - Consider Awarding $100 to Kaitlin
Tran, Senior Accountant
Recommendation: That the Board of Directors considers awarding $100 to Kaitlin Tran,
Senior Accountant for her idea to install solar motion security lights and a doorbell at
HQ.
Mr. Carroll shared Senior Accountant Kaitlin Tran's ideas to install solar motion
security lights and a doorbell at District headquarters. He noted that the additions
would come at a minimal cost and would improve security.
Motion: That the Board of Directors awards $100 to Kaitlin Tran, Senior
Accountant, for her idea to install solar motion security lights and a doorbell at HQ.
Motion by Arlene Schafer, second by Art Perry.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
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Director Perry asked if the solar lights would remain lit all night.
Discussion followed regarding the capabilities of the solar lights.
There were no further questions or discussion.
G. ATTORNEY'S REPORTS
Receive and File: 1. City of San Jose v. Superior Court (Smith) — California
Supreme Court Rules Private Email Accounts Subject to California Public
Records Act (CPRA)
Recommendation: That the Board of Directors receive and file the report.
Mr. Carroll requested that Item G1 be moved up to this point in the meeting.
Mr. Burns provided background information regarding the City of San Jose v.
Superior Court (Smith) in relation to the use of private email accounts being
subject to the California Public Records Act (CPRA). He noted that the holding is
as follows: when a government employee uses a personal account to
communicate the conduct of public business, writings may be subject to disclosure
under the CPRA. Mr. Burns added that a public record is a writing that has content
related to the public's business and is prepared, owned, used, or retained by the
government. Additionally, he described the procedures for a reasonable search for
public records and the handling of personal information in the case of a
search. Lastly, Mr. Burns noted that staff will recommend policies and procedures
to help the District comply with the CPRA in light of this decision.
Secretary Schafer asked how long the District must keep public records.
Mr. Burns noted that the District has adopted a retention schedule that identifies
how long the District must keep its documents based on the document type.
Discussion followed regarding penalties for destroying public records or lying
about having public records. Additional discussion followed regarding devices
issued by companies other than the public agency.
There were no further questions or discussion and the report was received.
D. GENERAL MANAGER'S REPORTS
Action, Discussion: 2. Consider Assigning Microsoft Surface Pro 4 tablets to Board
of Directors and Two Staff Members for Conducting CMSD Business
Recommendation: That the Board of Directors considers assigning Surface Pro 4
tablets to the Board of Directors and two staff members for conducting CMSD business.
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Mr. Carroll presented the option to acquire tablets for the Board of Directors'
communications. He noted that the cost would be about $12,000 and that the
alternative would be to maintain the status quo and continue communications
through the Board of Directors' personal devices.
President Scheafer asked if all five Directors must decide unanimously to acquire
the tablets.
Mr. Carroll commented that all five Directors do not need to opt into using the
tablets.
Discussion followed regarding the District's retention schedule, communications
that would be subject to the Public Records Act, and the use of the Board's District
e-mail accounts.
Director Perry asked which staff members would receive tablets.
Mr. Carroll noted that he and Ms. Middenway would receive tablets, and that his
tablet would be available to other staff members if needed for traveling purposes.
Motion: That the Board of Directors assigns Surface Pro 4 tablets to the Board of
Directors and two staff members for conducting CMSD business and to allow
Board Members to individually opt out of receiving a tablet.
Motion by Mike Scheafer, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
E. ENGINEER'S REPORTS
Action, Receive and File: 1. Receive and File Capital Improvement Projects Status
Report
Recommendation: That the Board of Directors receive and file this report.
District Engineer, Rob Hamers, presented the Capital Improvement Projects
Status Report.
Ms. Davis noted that staff anticipates that all but 4 projects will be completed by
the end of the fiscal year.
There were no further questions or discussion and the report was received.
Action: 2. #200-C South Coast Plaza Pump Station Force Main Replacement -
Accept Improvements, File Notice of Completion, Exonerate Bonds
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Recommendation: The Board of Directors approves the following action:
1. Accept improvements as completed and file a Notice of Completion.
2. Authorize payment of 5% retention 35 days after Notice of Completion is
recorded.
3. Exonerate Labor and Material Bond 35 days after Notice of Completion is
recorded and exonerate Faithful Performance Bond one year after Notice of
Completion is recorded.
Mr. Hamers noted that Project#200-C is complete.
Motion: That the Board of Directors accept improvements as completed and file a
Notice of Completion, authorize payment of 5% retention 35 days after Notice of
Completion is recorded, and exonerate the Labor and Material Bond 35 days after
Notice of Completion is recorded and exonerate the Faithful Performance Bond
one year after Notice of Completion is recorded.
Motion by Bob Ooten, second by Art Perry.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Secretary Schafer asked if an art wrap will be added to the South Coast Plaza
pump station.
President Scheafer noted that this pump station was not on the Ad Hoc
Committee's list, but that it can be wrapped in the future.
There were no further questions or discussion.
F. TREASURER'S REPORTS
Action: 1. Approve Investment Report for the Month of March 2017
Recommendation: That the Board of Directors approve the Investment Report for the
month of March 2017.
District Treasurer, Marc Davis, presented report details. He noted that the
District's portfolio is earning 1.27% and it was budgeted to earn 0.9%.
Motion: That the Board of Directors approve the Investment Report for the month
of March 2017.
Motion by Art Perry, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
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G. ATTORNEY'S REPORTS
Action, Receive and File: 2. General Manager Agreement - Consider approving
General Manager, Scott Carroll's, Employment Agreement increasing his annual
compensation by$942.71 after receiving an oral report on the terms
Recommendation: That the Board of Directors approve General Manager, Scott
Carroll's, Employment Agreement increasing his annual compensation by $942.71 after
receiving an oral report on the terms.
Mr. Burns noted that as a result of newly passed legislation, the Board of Directors
can no longer approve a change in an executive staff member's compensation
without receiving an oral report about the change.
Motion: That the Board of Directors approve General Manager, Scott Carroll's,
Employment Agreement increasing his annual compensation by $942.71 after
receiving an oral report on the terms.
Motion by Jim Ferryman, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
There were no further questions or discussion.
H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense reimbursement of
any kind is provided. Note: For meetings for which the per diem compensation is
sought, the Operations Code provides that such compensation is authorized for each
day's service rendered as a Director at the request of the Board (not to exceed six days
in one month), and certain meetings are specified as being eligible as set forth in District
Operations Code § 3.01.030. For meetings not so listed, the Board must approve the
service for it to be eligible for the per day compensation.
Information: 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman)
Vice President Ferryman shared that the Orange County Transportation Authority
(OCTA) is requiring OCSD to expand its entrance. He added that some of OCSD's
Board Members are also Board Members of OCTA, which creates a potential
conflict of interest.
Information: 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Director Perry noted that there was no SARFPA meeting this month.
Information: 3. Independent Special Districts of Orange County (ISDOC) - (President
Scheafer)
COSTA MESA SANITARY DISTRICT PAGE 13
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 27, 2017
President Scheafer shared details regarding AB 979 and noted that Leslie Keane,
the Secretary of ISDOC, resigned from her position. He expressed concern
regarding ISDOC's compliance with tax law.
Director Perry requested that this discussion item be added to the next Study
Session agenda.
Information: 4. California Special Districts Association (CSDA) - (Secretary Schafer)
Secretary Schafer noted that CSDA Legislative Days is coming up and that she is
the Chair of the CSDA Membership Committee. She added that CSDA's office will
be renovated.
President Scheafer noted that he was elected Chairman of the Alliance Executive
Council consisting of CSDA, the Special District Risk Management Authority
(SDRMA), and the Special District Leadership Foundation (SDLF).
Motion: To vote on a non-agenda item as a matter of urgency.
Motion by Art Perry, second by Bob Ooten.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Motion: That the Board of Directors nominate President Mike Scheafer for
CSDA's Board President of the Year award.
Motion by Arlene Schafer, second by Jim Ferryman.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Lastly, Secretary Schafer shared that the Brown Act Compliance Manual is
available through CSDA.
Information: 5. Special District Risk Management Authority (SDRMA) - (President
Scheafer)
President Scheafer noted that the SDRMA Board Meeting will take place in
Sacramento next week.
Information: 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance
No. 55, Operations Code Section 3.01.030
Director Perry shared that he attended the Water Advisory Committee of Orange
County (WACO).
I. OLD BUSINESS
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 27, 2017
11 None at this time.
J. NEW BUSINESS
None at this time.
K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Discussion: 1. Oral Communications and Director Comments
Assistant Secretary Ooten noted that he encourages staff to continue strategic
planning efforts towards meeting the District's goal of 75% diversion.
Director Perry asked if the Orange Coast College Recycling Center will be
recycling organics.
Discussion followed regarding the last Liaison Committee Meeting.
L. ADJOURN TO CLOSED SESSION
President Scheafer adjourned the meeting to closed session at 7:14 P.M. to
confer with Real Property Negotiators (Gov Code §54956.8) regarding the
property at 2252 Fairview Road, Costa Mesa. The agency negotiator was Scott
Carroll and the other negotiating party was Mike Johnson.
M. CLOSING ITEMS
Procedural: 1. Reconvene to Open Session
President Scheafer reconvened the meeting to open session at 7:43 P.M. He
noted that authority and direction were given to the real property negotiator during
closed session.
Procedural: 2. Adjourn
President Scheafer adjourned the meeting at 7:43 P.M.
I
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Arlene Schafer 'hael Sch- :fer
Secretary President