Reso 2013-840 RESOLUTION NO. 2013-840
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT ORDERING THAT
PUBLICATION OF ORDINANCE NO. 98 ESTABLISHING
PROCEDURES FOR PLACING ITEMS ON BOARD AGENDAS
WHEREAS, the Board of Directors on June 27, 2013 adopted Ordinance No. 98
establishing procedures for placing items on Board agendas, and
WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa
Daily Pilot on July 5, 2013, 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. 98
establishing procedures for placing items on Board agendas has occurred.
PASSED and ADOPTED on this 31st day of July 2013.
Ifs-- At up.,
Secretary, Costa Mesa Sanitary istrict.- P fident, Costa M a 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. 2013-840 duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof held on the 31 day of July 2013.
AYES: President Ferryman, Directors Ooten, Perry, Schafer, Scheafer
NOES: None
ABSENT: None
ABSTAIN:None •
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 31 day of July 2013.
l f I
-;?thtt C aT OII
Clerk of the%CostYMesa Sanitary District
FCEIVED
JUL 1 12013
PROOF OF INS IA MESA SANITARY DISIRICI
PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a citizen of the United States oRDir�NCENO:96
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT 1
and a resident of the County • ESTABLISHING PROCEDURES FOR PLACING ITEMS ON BOARD AGENDAS' : . .-
•WHEREAS,the Board.of Directors of the Costa Mesa Sanitary District has previously
aforesaid; I am over the age of utilized an Operations Committee to study'District subjects and work up policy
issues for the full Board;and
eighteen years, and not a party to or WHEREAS,the Operations Committee also provides a'mechanism by which business
items were placed on the agenda for discussion and action;and
interested in the action for which the WHEREAS, the Board has determined'to dissolve the Operations'Committee and.to
instead,study issues during study sessions of the full Board;and
attached notice was published. I am WHEREAS, the Board does,hereby desire-to make conforming changes to its
p Operations Code to delete references to the Operations Committee as a place where
agenda items could be approved for full Board discussion;
a principal clerk of the "Orange Coast NOW, THEREFORE, the.Board of Directors'of the Costa Mesa Sanitary.'District
does hereby ORDAIN'as follows: '
DAILY PILOT", which was adjudged section 1._That Section 3.01.110.of the Costa Mesa`Sanitary'District.Operations
Code is,hereby amended to read as follows:,
a newspaper of general circulation °3.01.110.Procedure for Pladngan Item,on the Agenda . •; '
(a) Any Board member may request that an item be placed,on the agenda upon
for the City of Costa Mesa, County of 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
Orange, and State of California 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,
1/14/1938 case # A621 4. the General Manager or designee to discuss at the Board meeting
s ,(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;
I Mesa Sanitary-District:The request can also be made by completing the•Request'
Attached -to this Affidavit is a true to Agendize an Item form along with pertinent back-up'documentation:The'complet'e
package'will be forwarded to'the General Manager or,.designee to discuss 'with the
and complete copy that was printed full 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
and published on the following 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
date(s): 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
July 05, 2013 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
Iany Court to competent jurisdiction to be invalid, the remaining'provisions of this
certify (or declare) under penalty of '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
perjury that the foregoing is true and i 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
correct. 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
Executed on Jul 09, 2013 at Costa District Clerk shall cause this'Ordinance or a summary thereof to'be published in
July a newspaper of general circulation printed and published'in in the District according
to law.
Mesa, California PASSED'and ADOPTED this 27th day of June,2013 •
I/s/Arthur Perry • ', ' • /s/James Ferryman
.Secretary President
STATE
ON F O AOIFORNIA) - , -
RANGE ')SS '10
['CITY OF COSTA MESA )'
M I,,SCOTT CARROLL, Clerk of the Costa.Mesa Sanitary District, hereby certify that
�/z'L !1 the above and foregoing Ordinance No. 98 was duly and regularly.Passed and I
adopted by said Board'of Directors at a regular meeting'thereof; held on the 27
Signature 'I day of June,2013,'by the following votes: .
■I 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.
/s/Scott Carroll'
Clerk of'the Costa Mesa Sanitary.District•
Published Orange Coast Daily Pilot July 05,2113 •'
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