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26 - Dissolving Operations CommitteeProtecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum T o: Board of Directors Via: Scott Carroll, General Manager From: Alan Burns, District Counsel Date: June 27, 2013 Subject: Dissolving Operations Committee and Instituting Study Session Special Meeting Procedure Summary The proposed resolution and ordinance will dissolve the Operations Committee and institute a District procedure to hold special meetings as study sessions. The ordinance will revise the procedure for placing matters on the agenda. Staff Recommendation That the Board of Directors adopts the following: 1. Resolution No. 2013-83 9 dissolving the Operations Committee and directing that periodic study sessions be held of the full Board. 2. Ordinance No. 98 amending Operations Code Section 3.01.110 pertaining to procedures for placing an item on the agenda. Analysis The volume of the Board of Directors ’ business has long ago surpassed what can reasonably be accomplished in a single Board meeting held once a month. The Board therefore instituted recycling and sewer committees to address issues early and to work up the policy considerations before matters were presented to the full Board at its monthly regular meeting. Those committees were melded into an Operations Committee which addressed both subjects at one extra meeting per month. Dissatisfaction with the committee method of providing early discussion of policy matters arose from the Brown Act limitation that only members of a standin g committee could provide input but that other Board members could only attend and listen. While this allowed all of the Board to receive the information, the District and its ITEM NO. 26 Board of Directors June 27 , 201 3 Page 2 of 3 constituents were deprived of the opportunity to have all of their elected of ficials participate and provide input into the early discussions. Because of the need for an additional meeting to address policy issues early, and because the Committee system did not allow all members to fully participate in the discussions of the commi ttee, the Board has now determined that the District would be better served if the Operations Committee was dissolved and special meetings of the full Board be held each month as study sessions to allow early discussion of policy issues. The resolution wil l accomplish that. An amendment to the Operations Code is also required as the Operations Committee was one of the mechanisms by which an item could be cleared for inclusion on the regular full Board agenda. Staff was , for a while , somewhat inundated with requests for agenda item research and preparation requests, leading to the formalized rule set forth in District Op erations Code Section 3.01.110 as to how an item is placed on the agenda. There is no longer a problem with multiple requests for agenda ite ms being made and staff believes that the rules for agenda preparation can be relaxed allowing such matters to be handled more informally when the issues are simple or there is an urgent need to address an item, or if th e matter is non -controversial . The refore, we recommend the amendment to the ordinance allowing more relaxed agenda management procedures . Th e recommended action was directed by the Board. Staff concurs that this will be a more effective way for the Board to address policy matters early. S taff also believes that a liberalizing of the procedure for placing a matter on the agenda is also warranted in special circumsta nces . Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 5.0., Administrati ve 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 G eneral Manager has the direction and tools necessary for successful District operations.” Legal Review This agenda item was prepared by District Counsel, in coordination with th e General Manager . Financial Review Board members are currently compensated $221.00 per meeting they attend, up to a maximum of 6 meetings per month. The creation of a Study Session Special Meeting in lieu of the Operations Committee creates no additional financial. If District Counsel and/or Distric t Treasurer were required to a tt end the Study Session Special Meetings the additional cost to the District is estimated at $7,032 annually. Board of Directors June 27 , 201 3 Page 3 of 3 Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the June 27 , 2013 Board of Directo rs regular meeting at District Headquart ers and on District’s website . Alternative Actions 1. Continue with the Operations Committee . Attac hment A: Resolution No. 2013 -83 9 Attachment B: Ordinance No. 98 1 R ESOLUTION NO. 2013 -838 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DISSOLVING THE OPERATIONS COMMITTEE AND DIRECTING THAT PERIODIC STUDY SESSIONS BE HELD OF THE FULL BOARD WHEREAS , the B oard of Dir ector s of the Costa Mesa Sanitary District has determined that the press of District business does not allow for all Board consideration and approval at one monthly meeting but requires at least one additional meeting per month where substantial policy decisions are discussed and options are fully explored ; and WHEREAS , the Board has to date been utilizing an Operations Committee system in which sewer and recycling matters have been considered by a standing committee ; and WHEREAS , said Standing Committee discussion did not allow the full Board to participate, but the full Board generally attended so that each director would be apprised of the facts and issues being considered ; and WHEREAS , the Brown Act did not allow those directors not on that Committee to participate in the dis cussion but required that they attend only as observers ; and WHEREAS , the Board has now determined that a study session of the full Board is a better vehicle for deliberation and discussion and provides the public with the full benefit of all Board member s’ input and debate ; NOW , THEREFORE , the Board of Directors of the Costa Mesa Sanitary District does hereby RESOLVE as follows : 1 . That the Operations Committee is hereby dissolved as a standing committee . 2. That the Board shall establish periodic mon thly meetings of the full Board as study sessions. That those meetings shall be established as special meetings and noticed for study purposes, with no action normally taken at those meetings . 3. That nothing herein established is meant to limit the Boar d from setting a Special Meeting and taking action at that meeting provided the agenda clearly sets forth in the agenda description the possibility of action being taken . 4. That to the extent Resolution No . 2 011 -805 establishing Standing C ommittees is inconsi stent with this resolution, this resolution shall supersede that resolution . 2 PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting held on the ________ day of ___________________, 201 3 . AYES: Board Mem bers - NOES: Board Members - ABSTAIN: Board Members - ABSENT: Board Members - _________________________________ James Ferryman President I HEREBY CERTIFY that the foregoing is a full, true , and correct copy of Resolution 2013 -_____ adopted by the Board of Directors of Costa Mesa Sanitary District at its regular meeting held on _____________________, 2013. _________________________________ Scott Carroll Clerk of the Board ORDINANCE NO. 98 AN ORDINAN CE 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 Di strict has previously utilized an Opera tions 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 h as 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 Comm ittee 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 Distric t 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 th e 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 wi thin 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 Ma nager or designee to discuss with the full Ordinance No . 9 8 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 re quest 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 t ime, 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 fu ll 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. Pur suant to Health and Safety Code s ections 6490 and 6491.3, the District Clerk shall cause this O rdinance 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 . 9 8 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: AYE S: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Cos ta Mesa Sanitary District this 27 day of June , 2013. Clerk of the Costa Mesa Sanitary District