8 - Procedures for Board Member Placing Item on Agenda Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: October 14 , 2014 Subject: Procedures for Board Member Placing an Item on the Agenda Summary The Board directed staff to bring back for your approval consideration proposed procedures on how Board members can request items be placed on future study sessions and /or regular Board meetings. Staff Recommendation That the Board of Directors prov ide staff direction. Analysis A ttached hereto is O rdinance No. 98 that was adopted by the Boar d on June 27, 2013. Prior to Ordinance No. 98 being adopted, the Board adopted Ordinance No. 90 on June 28, 2012 that revised the procedures for Board members r equesting items be placed on future agendas. Ordinance 90 required request be heard by the Operations Committee and if the Committee denies the request, the majority of the Board may overrule such determination by the Operations Committee. On June 27, 20 13, the Board approved dissolving the Operations Committee by replacing it with Board study sessions. Because the Operations Committee was dissolved the procedures for placing items on the agenda had to be amended; hence, the adoption of Ordinance No. 98.
Board of Directors October 14 , 2014 Page 2 of 3 Many of the procedures outline in Ordinance No. 98 are the same procedures from Ordinance No. 90. The following procedures have not changed since the adoption of Ordinance No. 98. • Complete the Request to Agendize an Item Form. • The nature of the item must be within the subject matter of CMSD. • The complete package is forwarded to the General Manager. • The request for placing an item on the agenda must be submitted by noon, fourteen working days prior to the meeting. • A staff report based on the documentat ion received will be prepared. Section 3.01.110(e) of Ordinance No. 98 was added to the procedures, which states: “Notwithstanding the foregoing, when the matter does not require a workup or backup data, or due to the urgency of the matter, the request can be made at any special or regular Board meeting under ‘Director Comments.’ The Board can, at that time, vote to place it on a future agenda.” Staff is seeking direction from the Board that the current procedures are sufficed or you prefer additional revisions to the procedures. Strategic Element & Goal Not applicable. Legal Review Not applicable at this time; however, if the Board directs staff to revise the current procedures, District Counsel will review and approved a new ordinance for your approval consideration. Environmental Review Consideration of the procedure for Board members placing items on the agenda is an administrative matter and is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review There are no financial impacts to the District for implementing the proposed procedures.
Board of Directors October 14 , 2014 Page 3 of 3 Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the October 14 , 2014 Board of Directors Study Session meeting at District Headquarters and on the District ’s website. Alternative Actions 1. Accept the current procedu res for placing items on the agenda. 2. Direct staff to report back with more information. Attachments A: Ordinance No. 98 B: Request to Agendize an Item Form
ORDINANCE NO. 98 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTAMESASANITARY DISTRICT ESTABLISHING PROCEDURES FOR PLACING ITEMS ON BOARD AGENDAS WHEREAS, the BoardofDirectors of the CostaMesa Sanitary District has previously utilized an Operations Committee to study District subjects and work up policy issuesfor the fullBoard; and WHEREAS, theOperationsCommittee also provides a mechanismby which business items were placed on the agenda for discussion and action; and WHEREAS, the Boardhas determined to dissolve the OperationsCommittee andto instead study issues duringstudy sessions of the full Board; and WHEREAS, the Boarddoes herebydesire to makeconformingchanges to its Operations Codeto delete references to the OperationsCommittee as a place where agenda itemscould be approved for fullBoard discussion; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Section 3.01.110 of theCosta Mesa Sanitary District Operations Code is hereby amended to read as follows: 3.01.110. Procedure for Placing an Item on the Agenda. a) Any Board member may request that an item beplaced on the agenda upon approval of a majority of the Board of Directors. Therequest must be made by completing the Request to Agendize an Item form alongwith pertinent backup documentation. The nature of the item must be withinthesubjectmatter jurisdictionof the Costa Mesa SanitaryDistrict. The complete package will be forwarded to the General Manager or designee to discuss at the Board meeting b) Any member of the public may request that an item be placed onan agenda. The individual can make this request during thePublic Forum section of any Board meeting, and the item must be within the subject matter jurisdictionof theCosta Mesa SanitaryDistrict. Therequest can also be made by completing theRequest to Agendize an Item form along with pertinent back -up documentation. Thecomplete package will be forwarded to the General Manager or designee to discuss with the full ATTACHMENT A
Ordinance No. 98 Board for a determination for inclusion on the agenda. The public does not have the right to demand that an item be placed on the agenda; the control of the agenda is a matter determined by the Board. c) The request for placing an item on the agenda should be submitted by 12:00 noon, fourteen (14) working days prior to the meeting. An additional amount of time may be required if staff is expected to make an appropriate recommendation. d) Once a determination has been made for inclusion on the agenda, the General Manager or designee will prepare a staff report based on the documentation received. The staff report will be forwarded to the Board of Directors for discussion at the predetermined date of the Board meeting. e) Notwithstanding the foregoing, when the matter does not require a workup or backup data, or due to the urgency of the matter, the request can be made at any special or regular Board meeting under `Director Comments.' The Board can, at that time, vote to place it on a future agenda." Section 2. Should any part, clause or section of this Ordinance be declared by any Court to competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect, and the Board of Directors of the Costa Mesa Sanitary District hereby declares that each and every section, clause, provision, or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 3. Pursuant to Health and Safety Code sections 6490 and 6491.3, the District Clerk shall cause this Ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law. PASSED and ADOPTED this o 7-7 AY `-- Secretary day of JUK.Q- 2013 President
Ordinance No. 98 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, SCOTT CARROLL, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 98 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 27 day of June, 2013, by the following votes: AYES: Board Members: Ferryman, Ooten, Perry, Schafer, Scheafer NOES: Board Members: None ABSENT: Board Members: None ABSTAIN: Board Members: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District this 27 day of June, 2013. Clerk of the Costa Mesa Sanitary District
REQUEST TO AGENDIZE AN ITEM FORM DATE: TO: General Manager FROM: Contact Name: Address: Phone: SUBJECT: I request to have the above named item agendized for discussion at the Board meeting. The reason for my request is Please submit your request by 12 noon, fourteen days prior to meeting along with back -up documentation for request. An additional amount of time may be required if staff is exp ected to make an appropriate recommendation. Date to General Manager: Date Requester Contacted: Committee ’s Recommendation: Approval Date Denial Date Chairman Initials Date for Inclusion Attachment B