12 - Resolution No. 2013-840 Ordering Publication of Ordinance No. 98ITEM NO. 12
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 julv 2013.
Secretary, Costa Mesa Sanitary District President, Costa Mesa 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:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 31 day of Jules 2013.
Scott Carroll
Clerk of the Costa Mesa Sanitary District
PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States
and a resident of the County
aforesaid; I am over the age of
eighteen years, and not a party to or
interested in the action for which the
attached notice was published. I am
a principal clerk of the "Orange Coast
DAILY PILOT ", which was adjudged
a newspaper of general circulation
for the City of Costa Mesa, County of
Orange, and State of California,
1/14/1938, case # A6214.
Attached to this Affidavit is a true
and complete copy that was printed
and published on the following
date(s):
July 05, 2013
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on July 09, 2013 at Costa
Mesa, California
Signature
R ECFIVE0
JUL 1 12013
W01A IVIL A SANIIARY 013101,
lvl''4�01 ORDINANCE NO. 98
AN ORDINANCE 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 District has previously
utilized an Operations 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 has 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 Committee 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 District 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
the 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 within 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 Manager or designee to discuss with the
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
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
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 time, 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 full 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. Pursuant to Health and Safety Code sections 6490 and 6491.3, the
District 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 27th day of June, 2013
/s/ Arthur Perry /s/ James Ferryman
Secretary President
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:
AYES: Board Members - Ferryman, Doter, 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, 2013