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11 - ORDINANCE NO. 96Item 11 Costa Mesa Sanitary District ....an Independent Special District Memorandum To: Board of Directors From: Scott Carroll, General Managgx ' Date: January 24, 2013 Subject: Adopt Ordinance No. 96 — Amending Section 3.01.030 of the Operations Code Summary Pursuant to the provisions of the Health and Safety Code Section 6489, the Board of Directors can receive compensation for attending meetings. CMSD Operations Code Section 3.01.030 list the meetings directors are eligible for per diem service. The list of per diem service meetings was last revised in 2009 and the Board believes it is time to revise the list again. Staff Recommendation That the Board of Directors adopts Ordinance No. 96 amending the list of meetings the Board is eligible for per diem service. Analysis Operations Code Section 3.01.030 identifies the meetings Board members are eligible for per diem service. The meeting list was last revised in 2009. The Board now desires to amend the list to include the following meetings: • Costa Mesa Sanitary District/Mesa Water District/City of Newport Beach Liaison Committee meetings. • County of Orange meetings. • South Coast Metro Alliance. • Any other meetings that directly involve the District. • Any other meeting that indirectly involves the District by subject matter provided that the Director requesting compensation shall describe in his compensation request how the subject matter related to the District. ID Protecting our community's health and the environment by providing solid waste and sewer collection services. www.crosdca.gov Board of Directors January 24, 2013 Page 2 of 2 Strategic Plan Element & Goal This item will achieve the objective and strategy of CMSD's Strategic Plan Element 5.0, Administrative 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 General Manager has the direction and tools necessary for successful District Operations." Legal Review District Counsel has reviewed and approved Ordinance No. 96 Financial Review There is no financial impact to the District for adopting Ordinance No. 96. After adopting the ordinance, proof of publication in the local newspaper will cost $350.00. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the January 24, 2013 regular Board of Directors meeting at District Headquarters and on District's website. Alternative Actions 1. Do not approve Ordinance No. 96 Attachment A: Ordinance No. 96 Attachment A ORDINANCE NO. 96 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADDING MEETINGS WHICH QUALIFY FOR A DAY'S SERVICE COMPENSATION WHEREAS, Health and Safety Code Section 6489 sets forth that members may be paid for each day's attendance at meetings and for each day's service rendered at the request of the Board; and WHEREAS, the Board has set forth the meetings which qualify for such per diem compensation in the District Operations Code Section 3.01.030; and WHEREAS, the Board does hereby desire to expand the list of qualifying meetings to include those with Costa Mesa Sanitary District /Mesa Water District /City of Newport Beach, County of Orange Board of Supervisors, South Coast Metro Alliance and any other sanitary related meetings. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That section 3.03.030 be removed in its entirely and replaced in the Costa Mesa Sanitary District Operations Code to read as follows: "3.01.030 Compensation. Pursuant to the provisions of Health and Safety Code Section 6489, compensation is set for each day's attendance at a Board meeting, or for each day's service rendered as a Director at the request of the Board, the sum of two hundred twenty one dollars per day, not to exceed a total of six days in any calendar month. The following meetings shall be eligible for such per diem service: 1. Board meetings 2. Advisory committee meetings such as subcommittees 3. Approved conferences or organized education activities 4. Orange County Sanitation District (OCSD) meetings 5. Santa Ana River Flood Protection Agency (SARFPA) meetings 6. Independent Special District of Orange County (ISDOC) meetings 7. Orange County Local Agency Formation Commission (LAFCO) meetings Ordinance No. 96 8. California Special Districts Association (CSDA) meetings 9. California Association of Sanitation Agencies (CASA) meetings 10.Orange County Council of Governments (OCCOG) meetings 11. Water Advisory Committee of Orange County (WACO) meetings 12.Costa Mesa Chamber of Commerce meetings 13. Educational outreach and presentations 14.City of Costa Mesa meetings 15.County of Orange meetings 16. City of Newport Beach meetings 17. Mesa Water District meetings 18.Irvine Ranch Water District meetings 19.Costa Mesa Sanitary District/Mesa Water District/City of Costa Mesa Liaison Committee meetings 20.Water Discharge Regulation (WDR) meetings 21.Water Environment Association (WEF) 22.California Water Environment Association (CWEA) 23. Santa Ana River Basin Section (SARBS) 24. Costa Mesa Sanitary District/Mesa Water District/City of Newport Beach Liaison Committee meetings 25.South Coast Metro Alliance 26.Solid Waste Association of North America (SWANA) 27. Integrated Waste Management Commission (IWMC) 28.Any other meetings that directly involve the District 29.Any other meeting that indirectly involves the District by subject matter provided that the Director requesting compensation shall describe in his compensation request how the subject matter related to the District The Board member shall also be entitled to his /her reasonable expenses incident thereto." 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 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. Ordinance No. 96 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 day of , 2013 Secretary President Ordinance No. 96 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. 96 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 24th day of January, 2013 by the following votes: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 24th day of January, 2013. Clerk of the Costa Mesa Sanitary District