Ord 2012-90Attachment A
ORDINANCE NO. 90
AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT
SETTING FORTH PROCEDURES FOR PLACING ITEMS
ON THE BOARD AGENDA
WHEREAS, on April 16, 2012, the Board of Directors directed staff to amend the
guidelines pertaining to placing an item on the agenda; and
WHEREAS, Section 3.01.100 of the District's Operations Code allows any Board
member the right to place an item on the agenda for discussion; and
WHEREAS, the Board of Directors desires to provide procedures for how and
when an item is to be placed on the Board's agenda;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 3.01.100 of the Costa Mesa Sanitary District Operations
Code is hereby amended to read:
"Section 3.01.100. Interaction with Staff. Requests for information may be
made by individual Board members and will be responded to unless the General
Manager determines that it would involve an inordinate amount of time, in which case
he may ask that the item be placed on the agenda for full Board action. Copies of
materials prepared for one Director shall be distributed to all Directors. Board members
should only direct staff to take action when done as part of Board action during a
meeting. "
Section 2. That Section 3.01.110 is hereby added to the Costa Mesa Sanitary District
Operations Code 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 .agenda
upon the approval of the Operations Committee or by a majority of the Board of
Directors. The request must be made by completing the Request to Agendize an Item
form along with pertinent back -up documentation. The nature of the item must be within
the subject matter jurisdiction of the Costa Mesa Sanitary District. - The complete
Ordinance No. 90
package will be forwarded to the General Manager or designee to discuss with the
Operations Committee for inclusion on the agenda. The Operations Committee shall
determine on which agenda the item will appear depending on workload and staff
preparation demands. A majority of the Board may overrule such determination if the
Board determines that the matter must be placed on the agenda. The Operations
Committee may deny any request to agendize. The majority of the Board any overrule
such determination by the Operations Committee.
(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 Forum 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.
(c) The 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.
Ordinance No. 90
PASSED and ADOPTED this _29_ day of J U�U U. , 2012.
Secretary
APPRO D AS TO FORM 1. 4,v�
District Counsel
President
Ordinance No. 90
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 foregoing Ordinance No. 90 was duly and regularly passed and adopted by said Board of
Directors at a regular meeting thereof, held on the 28 day of June 2012 by the following vote:
AYES: Directors Ferryman, Scheafer, and Perry
NOES: President Ooten and Director Fitzpatrick
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this 28 day of June 2012
Clerk of tfe`Costa Mesa Sanitary District
7_
Attachment B
REQUEST TO AGENDIZE AN ITEM FORM
TO: General Manager
FROM: Contact Name:
Address:
Phone:
SUBJECT:
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
expected to make an appropriate recommendation.
Date to General Manager:
Date Requester Contacted:
Committee's Recommendation:
Approval Date Denial Date Chairman Initials Date for Inclusion