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Ord 2013-98ORDINANCE NO. 98 AN ORDINANCE 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 District has previously utilized an Operations 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 has 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 Committee 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 District 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 the 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 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 full Ordinance No. 98 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 request 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 time, 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 full 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. 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. PASSED and ADOPTED this o�7-7 AY `-- Secretary day of JUK.Q- 2013 President Ordinance No. 98 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: AYES: Board Members: Ferryman, Ooten, Perry, Schafer, Scheafer NOES: Board Members: None ABSENT: Board Members: None ABSTAIN: Board Members: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District this 27 day of June, 2013. Clerk of the Costa Mesa Sanitary District