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Minutes - Board - Special - 2018-05-08 Q,.SAN(T.4�` yl COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING MAY 8,2018 present resent III Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Alan Bums (District Counsel), Noelani Middenway (District Clerk), Gina Terraneo (Management Analyst II), Nabila Guzman (Management Analyst I) Others present Luke Money (Daily Pilot) Meeting called to order at 9:01 A.M. A. Opening Items 1. Call to Order President Scheafer called the meeting to order at 9:01 A.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 8,2018 been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. C. Reports Action: 1. Consider Appointing Elodie Katz to the Citizens Advisory Committee Recommendation: That the Board of Directors nominate and appoint Elodie Katz to the Citizens Advisory Committee. General Manager, Scott Carroll, shared that a participant in the District's Citizens Environmental Protection Academy (CEPA) indicated interest in joining the Citizens Advisory Committee (CAC). He noted that the participant (Elodie Katz) submitted an application for the CAC, which is now being presented to the Board of Directors for consideration. He added that one application was withdrawn from the CAC prior to the initial nomination process on April 26th, leaving one of the eleven committee seats unfilled. Director Perry suggested that the District re-open the CAC application window to allow for others that might want to submit applications. Mr. Carroll noted that the first CAC meeting will be held on Tuesday, May 15th, which is approaching soon. Vice President Ferryman commented that Elodie Katz appears to be very qualified. Secretary Schafer asked what will be discussed during the CAC's first meeting. Mr. Carroll noted that he will provide an overview of the CAC meeting agenda during the Study Session. Assistant Secretary Ooten commented that it would be unfair to approve the application, unless an announcement was made during CEPA that the District was still accepting CAC applications. District Clerk, Noelani Middenway, confirmed that an announcement was made during CEPA to note that there was a vacancy within the CAC and applications were still being accepted by the District. Motion: That the Board of Directors nominate and appoint Elodie Katz to the Citizens Advisory Committee. Motion by Mike Scheafer, second by Arlene Schafer. Final Resolution: Motion Carries 4-1 Aye: Arlene Schafer, Bob Ooten, Jim Ferryman, Mike Scheafer No: Art Perry COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING HELD MAY 8,2018 There were no other comments or discussion. D. Adjourn to Closed Session Discussion: 1. Conference with Legal Counsel - Existing Litigation Government Code §54956.9(d)(1) -- 1. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJCi. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJC President Scheafer adjourned the meeting to closed session at 9:05 A.M. for conference with legal counsel to discuss the following: Existing Litigation Government Code §54956.9(d)(1) -- 1. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJC. District Counsel, Alan Burns, noted that there was only one case being discussed in closed session. E. Closing Items Procedural: 1. Reconvene to Open Session and Report Out of any Reportable Action President Scheafer reconvened the meeting to open session at 9:19 A.M. and reported that the Board of Directors gave direction to their legal representative to respond to the settlement agreement that was offered by Mesa Water District. Procedural: 2. Oral Communications & Director Comments There were no oral communications or director comments. President Scheafer adjourned the meeting at 9:19 A.M. r I , Vi .2i4/ =4 1L •40,1 Ar ne Scha er Mic ,:'el Scheaf:�' Secretary President