26 - Dissolving Operations CommitteeProtecting our community's health and the environment by providing solid waste and sewer collection services.
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Costa Mesa Sanitary District
….an Independent Special District
Memorandum
T o: Board of Directors
Via: Scott Carroll, General Manager
From: Alan Burns, District Counsel
Date: June 27, 2013
Subject: Dissolving Operations Committee and Instituting Study Session Special
Meeting Procedure
Summary
The proposed resolution and ordinance will dissolve the Operations Committee and
institute a District procedure to hold special meetings as study sessions. The
ordinance will revise the procedure for placing matters on the agenda.
Staff Recommendation
That the Board of Directors adopts the following:
1. Resolution No. 2013-83 9 dissolving the Operations Committee and
directing that periodic study sessions be held of the full Board.
2. Ordinance No. 98 amending Operations Code Section 3.01.110
pertaining to procedures for placing an item on the agenda.
Analysis
The volume of the Board of Directors ’ business has long ago surpassed what can
reasonably be accomplished in a single Board meeting held once a month. The Board
therefore instituted recycling and sewer committees to address issues early and to
work up the policy considerations before matters were presented to the full Board at its
monthly regular meeting. Those committees were melded into an Operations
Committee which addressed both subjects at one extra meeting per month.
Dissatisfaction with the committee method of providing early discussion of policy
matters arose from the Brown Act limitation that only members of a standin g
committee could provide input but that other Board members could only attend and
listen. While this allowed all of the Board to receive the information, the District and its
ITEM NO. 26
Board of Directors
June 27 , 201 3
Page 2 of 3
constituents were deprived of the opportunity to have all of their elected of ficials
participate and provide input into the early discussions.
Because of the need for an additional meeting to address policy issues early, and
because the Committee system did not allow all members to fully participate in the
discussions of the commi ttee, the Board has now determined that the District would be
better served if the Operations Committee was dissolved and special meetings of the
full Board be held each month as study sessions to allow early discussion of policy
issues. The resolution wil l accomplish that.
An amendment to the Operations Code is also required as the Operations Committee
was one of the mechanisms by which an item could be cleared for inclusion on the
regular full Board agenda. Staff was , for a while , somewhat inundated with requests for
agenda item research and preparation requests, leading to the formalized rule set forth
in District Op erations Code Section 3.01.110 as to how an item is placed on the
agenda. There is no longer a problem with multiple requests for agenda ite ms being
made and staff believes that the rules for agenda preparation can be relaxed allowing
such matters to be handled more informally when the issues are simple or there is an
urgent need to address an item, or if th e matter is non -controversial . The refore, we
recommend the amendment to the ordinance allowing more relaxed agenda
management procedures .
Th e recommended action was directed by the Board. Staff concurs that this will be a
more effective way for the Board to address policy matters early. S taff also believes
that a liberalizing of the procedure for placing a matter on the agenda is also warranted
in special circumsta nces .
Strategic Plan Element & Goal
This item complies with the objective and strategy of Strategic Element 5.0.,
Administrati ve Management , which states:
“Objective: 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 G eneral Manager has the direction and tools necessary for
successful District operations.”
Legal Review
This agenda item was prepared by District Counsel, in coordination with th e General
Manager .
Financial Review
Board members are currently compensated $221.00 per meeting they attend, up to a
maximum of 6 meetings per month. The creation of a Study Session Special Meeting
in lieu of the Operations Committee creates no additional financial. If District Counsel
and/or Distric t Treasurer were required to a tt end the Study Session Special Meetings
the additional cost to the District is estimated at $7,032 annually.
Board of Directors
June 27 , 201 3
Page 3 of 3
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for
the June 27 , 2013 Board of Directo rs regular meeting at District Headquart ers and on
District’s website .
Alternative Actions
1. Continue with the Operations Committee .
Attac hment A: Resolution No. 2013 -83 9
Attachment B: Ordinance No. 98
1
R ESOLUTION NO. 2013 -838
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT DISSOLVING THE
OPERATIONS COMMITTEE AND DIRECTING THAT PERIODIC
STUDY SESSIONS BE HELD OF THE FULL BOARD
WHEREAS , the B oard of Dir ector s of the Costa Mesa Sanitary District has
determined that the press of District business does not allow for all Board consideration
and approval at one monthly meeting but requires at least one additional meeting per
month where substantial policy decisions are discussed and options are fully explored ;
and
WHEREAS , the Board has to date been utilizing an Operations Committee
system in which sewer and recycling matters have been considered by a standing
committee ; and
WHEREAS , said Standing Committee discussion did not allow the full Board to
participate, but the full Board generally attended so that each director would be apprised
of the facts and issues being considered ; and
WHEREAS , the Brown Act did not allow those directors not on that Committee to
participate in the dis cussion but required that they attend only as observers ; and
WHEREAS , the Board has now determined that a study session of the full Board
is a better vehicle for deliberation and discussion and provides the public with the full
benefit of all Board member s’ input and debate ;
NOW , THEREFORE , the Board of Directors of the Costa Mesa Sanitary District
does hereby RESOLVE as follows :
1 . That the Operations Committee is hereby dissolved as a standing
committee .
2. That the Board shall establish periodic mon thly meetings of the full Board
as study sessions. That those meetings shall be established as special meetings and
noticed for study purposes, with no action normally taken at those meetings .
3. That nothing herein established is meant to limit the Boar d from setting a
Special Meeting and taking action at that meeting provided the agenda clearly sets forth
in the agenda description the possibility of action being taken .
4. That to the extent Resolution No . 2 011 -805 establishing Standing
C ommittees is inconsi stent with this resolution, this resolution shall supersede that
resolution .
2
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary
District at a regular meeting held on the ________ day of ___________________, 201 3 .
AYES: Board Mem bers -
NOES: Board Members -
ABSTAIN: Board Members -
ABSENT: Board Members -
_________________________________
James Ferryman
President
I HEREBY CERTIFY that the foregoing is a full, true , and correct copy of Resolution
2013 -_____ adopted by the Board of Directors of Costa Mesa Sanitary District at its
regular meeting held on _____________________, 2013.
_________________________________
Scott Carroll
Clerk of the Board
ORDINANCE NO. 98
AN ORDINAN CE OF THE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
ESTABLISHING PROCEDURES FOR PLACING
ITEMS ON BOARD AGENDAS
WHEREAS , the Board of Directors of the Costa Mesa Sanitary Di strict has
previously utilized an Opera tions Committee to study District subjects and work up
policy issues for the full Board ; and
WHEREAS, the Operations Committee also provides a mechanism by which
business items were placed on the agenda for discussion and action ; and
WHEREAS , the Board h as determined to dissolve the Operations Committee
and to instead study issues during study sessions of the full Board ; and
WHEREAS , the Board does hereby desire to make conforming changes to its
Operations Code to delete references to the Operations Comm ittee as a place where
agenda items could be approved for full Board discussion;
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 Distric t
Operations Code is hereby amended to read as follows:
“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 approval of a majority of the Board of Directors. The request must be made by
completing the Request to Agendize an Item form along with pertinent backup
documentation. The nature of the item must be within the subject matter jurisdiction of
the Costa Mesa Sanitary District. The complete package will be forwarded to th e
General Manager or designee to discuss at the Board 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 Forum section of any
Board meeting, and the item must be wi thin 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 Ma nager or designee to discuss with the full
Ordinance No . 9 8
Board 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 re quest for placing an item on the agenda should 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 .
(e) Notwithstanding the foregoing, when the matter does not require a workup
or backup data, or due to the urgency of the matter, the request can be made at any
special or regular Board meeting under ‘Director Comments.’ The Board can, at that
t ime, vote to place it on a future agenda.”
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
Ordinance shall nevertheless be and remain in fu ll force and effect , and the Board of
Directors of the Costa Mesa Sanitary District 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. Pur suant to Health and Safety Code s ections 6490 and 6491.3, the
District Clerk shall cause this O rdinance 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 ______ day of _____________, 2013
__________________________ __________________________
Secretary President
Ordinance No . 9 8
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 Ordinance No. 98 was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the 27 day of
June , 2013 , by the following votes:
AYE S:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Cos ta Mesa Sanitary District this 27 day of June , 2013.
Clerk of the Costa Mesa Sanitary District