09 - Resolution No. 2014-850 Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the envir onment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: May 22, 2014 Subject: Resolution No. 2014 -850 – Designating the Enforcement Official under the District’s Administrative Citations Chapter of the Operations Code Sum mary In 2010, the District adopted an administrative citation system and designated an Enforcement Official to issue the citations. Isidro Gallardo was appointed as the Enforcement Official, but now that Mr. Gallardo is no longer an employee of the Distri ct, a new person needs to be appointed. Staff Recommendation T hat the Board of Directors adopts Resolution No. 2014 -850 designating the Enforcement Official under the District’s Administrative Citations Chapter of the Operations Code. Analysis In 2010, the Board adopted the administrative citation system authorizing civil fines for District Code violations. The person authorized to issue such citations should be knowledgeable about the elements of the offenses and have the ability to complete and issue a citation. In addition, the person must successfully obtain PC832 Certification (Pease Officer Required Training) to issue criminal citations, so that the person can demonstrate he/she has the necessary expertise to issue civil citations. The attached res olution makes the appointment broad. It allows the General Manager to appoint anyone as Enforcement Officials that will have the authority to issue administrative citations. A record of such appointment shall be kept on file with the District. ITEM NO. 09
Board of Directors May 22 , 2014 Page 2 of 3 The curre nt interim code enforcement officer ha s obtained PC832 Certification and is knowledgeable about the District’s Operations Code and how to issue citations. If the Board approves the resolution tonight he will have the authority to write citations on behalf of the District. Any other staff member the General Manager appoints as Enforcement Official will need to complete the PC832 course and successfully obtain the certification. The District is currently recruiting to fill the code enforcement officer posi tion on a permanent basis. The candidate that is selected for this position must have the PC832 Certification or obtain the certification within the first six months of employment. If the Board approves the resolution tonight, the permanent code enforcem ent officers will have the authority to issue citations. Strategic Plan Element & Goal This item comp lies with the objective and strategy of Strategic Element 5.0, Administrative Management, which states the following: “Objective: To create, maintain an d implement policies and procedures to ensure sound management of the District. Strategy: We will conduct periodic reviews, refine and implement policies and procedures, and assure the General Manager has the direction and tools necessary for successful D istrict operati ons.” Legal Review District Counsel has reviewed this staff report and approved the attached resolution. Environmental Review The adoption of a resolution for the purpose of designating an enforcement official is not a disturbance of the en vironment similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review Issuing administrative citations will generate very small amount of revenues, if any. Since the administrative citation syst em was adopted in 2010, the District has issued eight citations generating less than $200 in revenues. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the May 22 , 2014 Board of Directors regul ar meeting at District Headquarters and on District website.
Board of Directors May 22 , 201 4 Page 3 of 3 Alternative Actions 1. Do not approve Resolution No 2014 -850 Attachment A: Resolution No. 201 4 -850
RESOLUTION NO. 201 4 -850 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DESIGNATING THE ENFORCEMENT OFFICIAL UNDER THE DISTRICT’S ADMINISTRATIVE CITATI O NS CHAPTER OF THE OPERATIONS CODE WHEREAS , the Board of Directors have adopted an administrative citation system of code enforcement pursuant to Government Code Section 53069.4; and WHEREAS , the system requires that the District designate an “Enforcement Official” that will hereafter have the authority to enforce the provis ions of the Operations Code; and WHEREAS , the Board of Directors have determined that the existing code enforcement officer position is the appropriate person to issue administrative citations. NOW, THEREFORE , the Board of Director s of the Costa Mesa San itary District does hereby RESOLVE and determine as follows: Section 1. That any person appointed by the General Manager to serve as code enforcement officer is hereby designated as the Enforcement Official and is further authorized to issue administrativ e citations pursuant to Chapter 1.06 of the Costa Mesa Sanitary District Operations Code. The General Manager is authorized to appoint other persons to serve as Enforcement Officials. A record of such appointment shall be kept on file with the District. Section 2. That the appointed code enforcement officer is further provided with all other authority conferred on the Enforcement Official by the District Operations Code. That Enforcement Officials shall be authorized to issue civil citations pursuant to Chapter 1.06 of the District Operations Code. PASSED and ADOPTED on this 2 2 nd day of May 2014 . ________________________________ ________________________________ Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary Di strict Board of Directors Board of Directors
STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Noelani Middenway , Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 201 4 -850 dul y and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 2 2 nd day of May 201 4 . AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the C osta Mesa Sanitary District, this ____ day of ___________________ 201 4 . _________________________________ Noelani Middenway Clerk of the Costa Mesa Sanitary District