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Minutes - Board - Special - 2018-05-24 I 7fa, 1 ,- -1 4 jo NPoRAIt 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. L cij iLL Arlene Schafer Michael Schea -r Secretary President