Reso 2012-826 RESOLUTION NO. 2012-826
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT ORDERING THAT
PUBLICATION OF ORDINANCE NO. 95 AMENDING ITS
OPERATIONS CODE WITH REGARD TO PUBLIC MEETING
RULES
WHEREAS, the Board of Directors on November 15, 2012 adopted Ordinance
No. 95 Amending the District's Operations Code with Regard to Public Meeting Rules.
WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa
Daily Pilot on November 24, 2012, and
WHEREAS, Health and Safety Code Section 6490 provides that an order of the
Board that publication has occurred is conclusive evidence that publication has properly
been made;
NOW, THEREFORE, the Board of Directors does hereby resolve:
That it is hereby ordered and decreed that publication of Ordinance No. 95
Amending the District's Operations Code with Regard to Public Meeting Rules has
occurred.
PASSED and ADOPTED on this 20th day of December 2012.
Secretary, Costa Mesa Sanita District P(idéht Costa Mesa Saai tary District
Board of Directors Bo,ard'rof:Direetors
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 Resolution No. 2012-826 duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof held on the 20th day of December
2012.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 20th day of December 2012.
Scott"Carroll
iT• irc,
Clerk of the Costa N Ufa Sanitary District
_
i`� _.' ,. [ii ♦ E D
DEC 03 2012
PROOF OF , ,,, .,,:;ITARYDISTRICT
PUBLICATION
STATE OF CALIFORNIA) -• • ORDINANCE NO.95 , _i
AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT AMENDING ITS OPERATIONS '
) SS. CODE WITH REGARD TO PUBLIC MEETING RULES.
COUNTY OF ORAI'1 SE )
WHEREAS,reasonable law has recognized the right govern the Board of aDirectors to t
G have reasorrable rules and regulations to govern public speakers so that
the business of the District can be accomplished in a limited time frame;
and '
WHEREAS; the federal Ninth Circuit in White v.'City'of Norwalk (1990)
900 F.2d 1421, provided governing boards with certain guidelines for
I am a citizen of the United States conducting public meetings;and
WHEREAS, the Board of Directors has adopted Section 3.01.074 of the
and a resident of the County District's Operations Code to provide for meeting rules in compliance with
Y the White decision;and
aforesaid; I am over the age of WHEREAS, the Ninth Circuit has again provided guidance in the case of
Acosta v. City of Costa Mesa (2012) 694 F.3d 960, which:the,District,
desires to follow;
eighteen years, and not a party to or NOW, THEREFORE;'the:Board`of Directors-of the Costa-'Mesa-Sanitary— _-'
District does.hereby ORDAIN as follows:
interested in the action for which the , Section 1. That Section 3.01.074 of the Costa Mesa Sanitary District
Operations Code is hereby amended to read as follows:
attached notice was published. I am "(a) Any person desiring to address•the Board shall only speak when
P ! recognized by the presiding officer.Persons should address their comments
a principal clerk of the "Orange Coast to'the 'presiding officer and not to other Board members,or'staff. The
P P 9 Board and staff should likewise not engage in dialogue with a member
DAILY PILOT", which was adjudged • , of the public without first securing the permission of the presiding officer.
9 I Cross-examination of the Board or staff is not allowed. If a speaker has
a newspaper of general circulation questions, he should state those questions as part of his presentation,
g i After he has completed his presentation the presiding officer shall determine
for the City of Costa Mesa, County of i if a response is required o
quired and who should'respond. Alternatively, the
presiding officer may direct that a staff person meet with the speaker at
i a later time'to address the areas of inquiry.
Orange, and State of California, ' (b) A public meeting is a limited public forum and remarks must be
1/14/1938, case # A6214. related to the subject.matter over which the District has jurisdiction.
Irrelevant speech may be ruled out of order.
I (c) Time limits for speakers may be established.
(d). All speakers and the Board must preserve order and decorum and
no profanity or other disruptive behavior shall be allowed which.actually
Attached to this Affidavit is a true j disruptsthe'meeting. .
(e) No person shall be allowed to approach the Board dais but shall
and complete copy that was printed I submit materials to the Board by handing those items to the District Clerk.
p py p I The Board may appoint sergeant at arms.'The presiding`officer may
II clear the meeting;for disruptions to the meeting, in accordance with the
and published on the following Brown Act. Additionally, Penal Code Section 403'makes it a,misdemeanor
datesto willfully disrupt a public meeting:"
date(s): 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
November 24, 2012 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
I certify (or declare) under penalty of . Ordinance that may stand on_their own.
Section 3. - Pursuant to' Health -and Safety Code Sections 6490 and'
perjury that the foregoing is true and 6491.3, the District,Clerk shall cause this ordinance or.a summary t'ereofj
to be.published in a newspaper of general circulation printed and published
correct. in the District according to law.
PASSED and ADOPTED this 15th day of November,2012.
I /s/Mike Scheafer •- ' /s/Bob Ooten.
Secretary ' ` - President
Executed on November 26, 2012, at I APPROVED AS TO FORM
/s/Alan Burns
District Counsel
Costa Mesa, California STATE OF CALIFORNIA) ' .
COUNTY OF ORANGE)SS .
CITY OF COSTA MESA) `
Vi. I, SCOTT CARROLL, Clerk of the Costa Mesa Sanitary District, hereby
certify •
that the above foregoing Ordinance NO. 95 was duly and regularly
al..-Q--1 passed hel ad opted,by said Board of Directors o - regular meeting
thereof,held'on the 15th.day of November 2012 by the following vote:
AYES: Presdident Ooten,Directors Ferryman,Fitzpatrick,Perry,Scheafer-
NOES: None ,.
Signature I ABSENT: None. , '
iABSTAIN: None
IN WITNESS WHEREOF, I have,hereunto set my hand and affixed the seal
of the Costa-Mesa Sanitary District;this 15th day of November 2012 '
/s/Scott Carroll
Clerk of the'Costa Mesa Sanitary District.
published Orange Coast Daily Pilot November 24.2012 Sa9991