Ord 2007-64ORDINANCE NO. 64
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT
ESTABLISHING EMERGENCY PROCEDURES
WHEREAS, the District may be confronted with emergency conditions; and
WHEREAS, the law establishes certain emergency provisions to assist the
District in addressing such emergencies; and
WHEREAS, the District desires to have its emergency powers and authority set
forth in a Chapter for ease of reference in an emergency;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Chapter 18.03 is hereby added to the Costa Mesa Sanitary District
Operations Code to read as follows:
"Chapter 18.03
Emergencies
18.03.010 Purpose. The District has certain authority available to it in the event
of various emergencies. This Chapter is enacted to provide an easy reference to some
of those authorities in the event of an emergency.
18.03.020 Brown Act. The Brown Act provides that the usual rules with respect
to noticing meetings are altered when an emergency occurs. For purposes of the
Brown Act, Government Code Section 54956.5 provides that in cases:
(a) involving a work stoppage, crippling activity or activity that severely
impairs the public health or safety,
(b) of dire emergency as a crippling disaster, mass destruction, or threatened
terrorist act that poses peril so that giving of notice may endanger the public health or
safety, or
(c) as determined by a majority of the Board,
the Board shall provide such notice as may be required by the Brown Act which may
require one -hour notice as provided in Government Code Section 54956.5((b)(2).
Closed sessions may be held in compliance with the Brown Act.
18.03.030 Bidding. Bidding may be dispensed within circumstances described
in Public Contract Code Sections 20806 and 22050, as described in this Code in
Section 4.05.010.
18.03.040 County interaction. The District is signatory to the Operational Area
Agreement of the County of Orange and Political Subdivisions. Such agreement
coordinates the District's resources and needs with the County's and other local
government entities' and provides management in times of emergency through an
Emergency Area Council and Executive Board. The standing subcommittee is the
Orange County Emergency Management Organization ( OCEMO). The District shall
stay involved in OCEMO and maintain contact and other resource information. District's
participation shall be pursuant to the Standardized Emergency Management System
(SEMS) and its national counterpart (NIMS)."
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 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 Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the 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 /3 � day of D e- C. ern e-r 2007.
Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that
the above and foregoing Ordinance No. 64 was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the 13th
day of December 2007 by the following vote:
AYES: Arthur Perry, Arlene Schafer, Robert Ooten, James Ferryman,
Gary Monahan
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the Costa Mesa Sanitary District, this 13th day of December
2007.
7'
Clerk of the Costa Wsa- <5anitary District