12 - Resolution No. 2013-829 Published Ordinance No. 96 - 2013-02-01 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
Via : Scott Carroll, General Manager
From : Noelani Middenway, Deputy District Clerk
Date: February 27, 2013
Subject: Resolution No. 2012 -82 9 – Ordering Publication of Ordinance No. 96
Summary
Resolution No. 2012 -82 9 orders and decrees that publication of Ordinance No. 9 6 ,
amending Section 3.01.030 of the District’s Operations Code , had occurred on February 1,
2013.
Staff Recommendation
Staff recommends that the Board of Directors adopt Resolution No. 2012 -82 9 .
Analysis
Ordinance No. 9 6 , amending Section 3 .01 .030 of the District’s Operations Code , was
adopted at the regular Board of Directors Meeting of January 24, 2013. Pursuant to Heal th
and Safety Code Sections 6490 and 6491.3, the Deputy Clerk of the District caused this
Ordinance to be published , in a newspaper of general circulation printed and published in
the District according to law , on February 1, 2013.
Board of Directors
February 27, 2013
Page 2 of 2
Strategic Plan Element & Goal
This item complies with the objective and strategy of Strategic Element 5 .0, Administrative
Management , which states:
“Objective : Our objective is to create, maintain and implement policies and procedures to
ensure sound management of the District .”
“Strategy : We will conduct periodic reviews, refine and implement policies and
procedures, and assure the General Manager has the direction and tools necessary for
successful District Operations .”
Legal Review
This is a standard resolution ordering pu blication of a CMSD adopted ordinance.
Financial Review
Total cost of publication for Ordinance No. 9 6 is $375 . This money is budgeted in the
FY2012 -13 Public Information b udge t which is sufficient to cover this expense.
Committee Recommendation
Not Applicable.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
February 27, 2013 regular Board of Directors meeting at District Headquarters and on
District’s website.
Alternative Actions
1. Do not approve Resolution No. 2012 -82 9 and refer the matter back to staff.
Attachment s : Proof of Publication of Ordinance No. 96
Resolution No. 2013 -829
ORDINANCE NO.96
AN ORDINANCE OF THE BOARD OF DIRECT ORS OF THE
COST A MESA SANIT AR Y DISTRICT ADDING MEETINGS
WHICH QUALIFY FOR A DA Y’S SER VICE COMPENSA TION
WH ER EA S,He al th an d Sa fe ty Co de Se ct io n 64 89 se ts fo rt h th at me mb er s
ma y be pa id for each day’s attenda nce at meetin gs and for each day’s service
re nd er ed at th e re qu es t of th e Bo ar d;an d
WH EREAS,the Board has set forth the meetings which qualify for such per
diem compen sation in the Distri ct Operat ions Code Sectio n 3.01.0 30;and
WHEREAS ,the Board does hereby desire to expand the list of quali fying
meetings to include those with Costa Mesa Sanitary District/Mesa Wa ter Distric t/
City of Newport Beach,County of Orange Board of Supervisors,South Coast
Metro Alliance and any other sanitary related meetings.
NOW ,THEREFORE ,the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Sec tion 1.That section 3.01.03 0 be remove d in its entire ly and repla ced in
the Cos ta Mes a San ita ry Dis tri ct Ope rat ion s Cod e to rea d as fol low s:
“3.01.030 Compensati on.Pursuant to the provisions of Health and Safety
Code Section 6489,compensation is set for each day’s attendance at a Board
mee tin g,or for eac h day ’s service rendered as a Director at the request of the
Board,the sum of two hundred twenty one dollars per day ,not to exceed a
to ta l of si x da ys in an y ca le nd ar mo nt h.
Th e fo ll ow in g me et in gs sh al l be el ig ib le fo r su ch pe r di em se rv ic e:
1.Bo ar d me et in gs
2.Ad vi so ry co mm it te e me et in gs su ch as su bc om mi tt ee s
3.Ap pr ov ed co nf er en ce s or or ga ni ze d ed uc at io n ac ti vi ti es
4.Or an ge Co un ty Sa ni ta ti on Di st ri ct (O CS D)me et in gs
5.Sa nta Ana River Flood Protect ion Agency (SARFP A)meetings
6.Independe nt Special District of Orange County (ISDOC)
meetings
7.Orange County LocalAgen cy Formation Commissio n
(LAFCO)meetings
8.Californi a Special Districts Associati on (CSDA)meetings
9.Californi a Associati on of Sanitatio n Agencies (CASA)
meetings
10.Orange County Council of Governmen ts (OCCOG)meetings
11 .Wa ter Advisory Committee of Orange County (W ACO)
meetings
12.Costa Mesa Chamber of Commerce meetings
13.Educational outreach and presentations
14.City of Costa Mesa meetings
15.County of Orange meetings
16.City of Newport Beach meetings
17.Mesa Wa ter District meetings
18.Irvine Ranch Wa ter District meetings
19.Costa Mesa Sanitary District/Mesa Wa ter District/City of
Costa Mesa Liaison Committee meetings
20.Wa ter Discharge Regulation (WDR)meetings
21.Wa ter Environment Association (WEF)
22.California Wa ter Environment Association (CWEA)
23.Santa Ana River Basin Section (SARBS)
24.Costa Mesa Sanitary District/Mesa Wa ter District/City of
Newport Beach Liaison Committee meetings
25.South Coast Metro Alliance
26.Solid Wa ste Association of North America (SW ANA)
27.Integrated Wa ste Management Commission (IWMC)
28.Any other meetings that directly involve the District
29.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 related to the Distric t
The Board member shall also be entitle d to his/he r reason able expen ses
incident thereto.”
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 Ordina nce shall nevert heless be and remain in full force and ef fect 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
wit hou t the ado pti on of any por tio n the reo f and tha t the inv ali dit y of any par t or
provision hereof shall not in any way af fect the validity or enforcement of the
remaining provisions of this Ordinance that may stand on their own.
Se cti on 3.Pu rs ua nt to He al th an d Sa fe ty Co de Se cti on s 64 90 an d 64 91 .3 ,
the Clerk shall cause this ordin ance or a summary thereo f to be publi shed
in a newspaper of general circulation printed and published in the District
according to law .
PA SSED and ADOPTED this 24 th day of January ,2013
/s/Art Perry /s/Jim Ferryman
__________________________________________
Secretary President
ST AT E OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF COST A MESA )
I,SC OT T CARROLL,Clerk of the Costa Mesa Sanitary District,
her eby cer tif y tha t the abo ve and for ego ing Or din anc e No.96 was dul y and
re gu la rl y pa ss ed an d ad op ted by said Board of Directo rs at a regul ar meetin g
the reo f,he ld on the 24 th da y of Ja nu ary ,20 13 by the fol low ing vo tes :
AY ES:Pre side nt Ferr yma n,Dir ecto rs Oote n,Per ry ,Sch eafe r
NOE S:Non e
ABS ENT :Non e
ABS TA IN:No ne
IN WI TN ES S WH ERE OF ,I hav e her eun to set my han d and af fi xed the seal of
th e Co st a Me sa Sa ni ta ry Di st ri ct ,th is 24 th da y of Ja nu ar y,2013.
/s/Scott Carroll
________________________________
Clerk of the Costa Mesa Sanitary District LA
A1
19
98
6
5
-1
RESOLUTION NO. 201 2 -829
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT ORDERING THAT
PUBLICATION OF ORDINANCE NO. 9 6 ADDING MEETINGS
WHICH QUALIFY FOR A DAY ’S SERVICE COMPENSATION
WHEREAS , the Board of Directors on January 24, 2013 adopted Ordinance No. 9 6
Amending the District’s Operations Code with Regard to Meetings Which Qualify for a
Day ’s Service Compensation .
WHEREAS , that Ordinance was published in the Newport Beach/Costa Mesa
Daily Pi lot on February , 1 201 3 , and
WHEREAS , Health and Safety Cod e 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 public ation of Ordinance No. 9 6
Amending the District’s Operations Code with Regard to Meetings Which Qualify for a
Day ’s Service Compensation has occurred.
PASSED and ADOPTED on this 2 7 th day of February 2013 .
________________________________ ________________________________
S ecretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District
Board of Directors Board of Directors
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. 201 2 -82 9 duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof held on the 27 th day of February
201 3 .
IN WITNESS WHEREOF, I have hereunto set my hand an d affixed the seal of the
Costa Mesa Sanitary District, this 2 7 th day of February 2013.
_________________________________
Scott Carroll
Clerk of the Costa Mesa Sanitary District