Ord 2026-142ORDINANCE NO. 142
An Ordinance of the Board of Directors of the Costa Mesa Sanitary District
Pertaining to Requests to Render a Day's Service
WHEREAS, Health and Safety Code Section 6490 provides that Board
members may be compensated for up to six days' service for board meetings and
other service rendered at the request of the Board;
WHEREAS, because obtaining pre -approval is cumbersome and impractical
under the Brown Act (Government Code Section 54950 ert seq.), the Board
determined to pre -approve certain types of meetings as being at the "request of the
board."; and
WHEREAS, the types of meetings have expanded, requiring further clarification
of when compensated attendance can occur.
NOW, THEREFORE, the Board of Directors does hereby ORDAIN as follows:
Section 1. That Section 3.01.030 of the Costa Mesa Sanitary District Operations
Code is amended to read:
"Section 3.01.030 Compensation. Pursuant to the provisions of Health and
Safety Code Section 6489, compensation is set for each day's attendance at a Board
meeting, or for each day's service rendered as a Director at the request of the Board,
the sum of two hundred ninety-five dollars per day, not to exceed a total of six days
in any calendar month.
a. The following meetings shall be eligible for such per -diem service without a
specific request of the Board and do not require written reports describing how
the meetings are related to District business to be entitled to compensation:
1. Board meetings
2. Advisory committee meetings of this District such as the Citizens
Advisory Committee (CAC)
3. Ad hoc and permanent subcommittee meetings of this Board.
4. Approved conferences or organized educational activities from
outside agencies that relate to District duties.
5. Orange County Sanitation District (OCSD) meetings
6. Santa Ana River Flood Protection Agency (SARFPA) meetings
7. Independent Special Districts of Orange County (ISDOC) meetings
8. Orange County Local Agency Formation Commission (LAFCO) meetings
9. California Special Districts Association (CSDA) meetings
10. California Association of Sanitation Agencies (CASA) meetings
11.Orange County Council of Governments (OCCOG) meetings
12. Water Advisory Committee of Orange County (WACO) meetings
13. Costa Mesa Chamber of Commerce meetings
14. Educational Outreach and Presentations that relate to District duties.
15. City of Costa Mesa City Council, Planning Commission and/or Parks
and Community Services Commission meetings
16.County of Orange Board of Supervisors and/or the Waste Management
Commission meetings
17.City of Newport Beach City Council, Planning Commission, and/or
the Ad Hoc Refuse Committee Meetings
18. Mesa Water District Board of Directors and/or Special Executive
Committee meetings
19. Irvine Ranch Water District Board of Directors and/or the Engineering
& Operations Committee meetings
20. Newport Mesa Unified School District Board of Education meetings
21. Costa Mesa Sanitary District/Mesa Water District/City of Costa
Mesa/Newport Mesa Unified School District Liaison Committee
meetings
22. Water Discharge Regulation meetings (WDR)
23. Water Environment Association (WEF)
24. California Water Environment Association (CWEA)
25. Santa Ana River Basin Section (SARBS)
26. South Coast Metro Alliance
27. Solid Waste Association of North America (SWANA)
28. Southern California Waste Management Forum
29. Scheduled one-on-one meetings with the General Manager
30. Scheduled one-on-one meetings with Department Heads, subject to
approval by the General Manager
31. District funded special events for educational, public outreach and/or
sustainability activities.
32. Litigation meetings or attendance in Court or deposition or other
administrative proceedings in which the District is or may be a party (in court
appearance, appearance in deposition, preparation time with attorneys,
settlement meetings with attorneys, attendance, or preparation for
enforcement proceedings by administrative enforcement agencies).
b. The following meetings shall be eligible for such per -diem service and for
transparency and good government purposes, will require written reports
describing how the meetings are related to District business:
1. Other meetings that directly involve the District (e.g., meetings with other
government bodies, governing body members or executive officers that
pertain to the District, or that have the District as the subject matter of
the meeting).
2. Any other meeting that indirectly involves the District by subject matter
provided that the Director requesting compensation shall describe in his
compensation request how the subject matter is related to the District.
c. The following meetings are not eligible for per-dem service.
1. Meetings with general staff of the District.
2. One-on-one meetings with two District Board members
d. Meetings may be attended live or remotely (Zoom, Microsoft Teams, Google
Meet, etc.). Live attendance should be utilized when in the District's best
interests. "Remote" meeting may include listening to a recorded meeting,
seminar, or event when it is not important to attend "live" (such as seminars and
educational presentations.
e. Nothing herein is meant to limit a board member from being compensated for
any day's service for which the Board has made a specific request.
f. The Board member shall also be entitled to their reasonable expenses incident
thereto. (Ord. 73, 2009; Ord. 96, 2013; Ord. 106, 2015; Ord. 107, 2015)"
Section 2. 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 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3,
the 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 23 day of February, 2026.
4,
Secretary
i
Presi ent
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 Ordinance No. 142 was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof, held
on the 23 day of February, 2026 by the following votes:
AYES: Scheafer, Ooten, Perry, Wiltshire, Wright
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 23 day of February, 2026.
Clerk of the Co