Ord 2009-74ORDINANCE NO. 74
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
RENUMBERING THE GENERAL PUBLIC MEETING
AND AGENDA DISTRIBUTION RULES
WHEREAS, the Board has previously adopted rules pertaining to public meetings
and agenda distribution; and
WHEREAS, through inadvertence, two separate ordinances adopting those rules
used the same code section to incorporate their provisions; and
WHEREAS, the Board does hereby desire to take care of this housekeeping
measure so that both sections are properly codified;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 3.01.074 is hereby added to the Costa Mesa Sanitary District
Operations Code to read as follows:
"3.01.074 General Public Meeting Rules. (a) Any person desiring to address the
Board shall only speak when recognized by the presiding officer. Persons should
address their comments to the presiding officer and not to other Board members or
staff. The Board and staff should likewise not engage in a dialogue with a member of
the public without first securing the permission of the presiding officer. Cross -
examination of the Board or staff is not allowed. If a speaker has questions, he should
state those questions as part of his presentation. After he has completed his
presentation the presiding officer shall determine if a response is required and who
should respond. Alternatively, the presiding officer may direct that a staff person meet
with the speaker at a later time to address the areas of inquiry.
(b) A public meeting is a limited public forum and remarks must be related to
the subject matter over which the District has jurisdiction. Irrelevant speech may be
ruled out of order.
(c) Time limits for speakers may be established.
(d) All speakers and the Board must preserve order and decorum and no
profanity or indecorous language or personalities shall be allowed.
(e) No person shall be allowed to approach the Board dais but shall submit
materials to the Board by handing those items to the District Clerk.
(f) The Board may appoint a sergeant at arms. The presiding officer may
clear the meeting for disruptions to the meeting, in accordance with the Brown Act.
Additionally, Penal Code Section 403 makes it a misdemeanor to willfully disrupt a
public meeting."
Section 2. That Section 3.01.075 of the Costa Mesa Sanitary District Operations Code
is hereby amended to read as follows:
"3.01.075 Agenda distribution. Agenda materials shall be made available to the public
in accordance with the Brown Act. The District shall normally charge for copies.
Notwithstanding the foregoing, the District Clerk may make copies available without
charge to public officials who might have a position with another public agency that
interfaces with the District and its functions."
Section 3. 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 4. 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 a day of 2009.
Secr tarp President
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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. 74 was duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof, held on the 27th day of August
2009 by the following vote:
AYES: Arlene Schafer, Robert Ooten, Gary Monahan, James Ferryman,
Arthur Perry
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and aff ixed the seal of
the Costa Mesa Sanitary District, this 27th day of August 2009.
Clerk of t-h C osta Mesa :Sanitary District
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