Ord 2014-101 Attachment A
ORDINANCE NO. 101
AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT
AMENDING PROCEDURES FOR PLACING ITEMS
ON THE BOARD AGENDA
WHEREAS, on October 14, 2014, the Board of Directors directed staff to amend
the guidelines pertaining to placing an item on the agenda; and
WHEREAS, Section 3.01.110 of the District's Operations Code establishes
procedures for any Board member to place an item on the agenda for discussion; and
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WHEREAS, the Board of Directors now desires to amend those procedures.
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 the Costa Mesa Sanitary District Operations Code
is hereby deleted in its entirety and reenacted to read as follows:
"Section 3.01.110. Procedure for Placing an Item on the Agenda
(a). Any Board member may request that an item be placed on the Board of
Directors regular meeting and/or study session agenda by requesting the item be placed
on a subsequent agenda during the Oral Communications and Director Comments
section of an open public meeting. The nature of the item must be within the subject •
matter jurisdiction of the Costa Mesa Sanitary District. A majority of the Board may
approve or deny the request for the matters to be placed on a subsequent agenda during
the meeting.
(b) Any member of the public may request that an item be placed on an agenda.
The individual can make this request during the Public Comment section of any Board
meeting, and the item must be within the subject matter jurisdiction of the Costa Mesa
Sanitary District. The request can also be made by completing the Request to Agendize
an Item form along with pertinent back-up documentation. The complete package will be
forwarded to the General Manager or designee to discuss with the Operations Committee
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.
Ordinance No.101
(c) Public request for placing an item on the agenda must 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."
Section 3. Should any part, clause or section of this Ordinance be declared by any
Court of 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 of Orange County, California, 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 4. 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 ,%Z-3 day of oo i`x �, , 2014.
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Secretary • Pr. dent
APPROVED AS TO FORM
District Counsel
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Memorandum
To: Board of Directors
From: Scott Carroll, General Manag r
Date: October 23, 2014
Subject: Ordinance No. 101 —Amending 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 approves adopting Ordinance No. 101 amending the
procedures for Board members placing an item on the agenda.
Analysis
On October 14, 2014, the Board reviewed the current procedures for Board members
placing an item on the agenda. The Board directed staff to amend the procedures in
which said amendments are reflected in the proposed ordinance that is attached hereto.
Strategic Element & Goal
Not applicable.
Legal Review
District Counsel has reviewed and approved Ordinance No. 101.
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, Protecting our community's health and the environment by providing solid waste and sewer collection services.
i. t www.crosdca.gov
Board of Directors
October 23, 2014
Page 2 of,2
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.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
October 23, 2014 Board of Directors Study Session meeting at District Headquarters and
on the District's website.
Alternative Actions
1. Do not approve Ordinance No. 101 and direct staff to report back with more
information.
Attachments A: Ordinance No. 101