Reso 2017-894 RESOLUTION NO. 2017-894
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY
DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 117 CLARIFYING
WHEN ELECTED CANDIDATES TAKE OFFICE AND CHANGING DISTRICT'S
HEADQUARTERS HAS OCCURRED
WHEREAS, the Board of Directors on January 26, 2017 adopted Ordinance No. 117
clarifying when elected candidates take office and changing District's headquarters, and
WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa Daily
Pilot on February 17, 2017, 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. 117 clarifying
when elected candidates take office and changing District's headquarters has occurred.
PASSED and ADOPTED on this 9-3 day of x.10 017.
fte)tA ( keL>L i
Secretary, Costa Mesa Sanitary District wilsident, Cost. Mesa Sanitary District
Board of Directors Board of Directors
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, Clerk of the Costa Mesa Sanitary District, hereby certify that
the above and foregoing Resolution No. 2017-894 was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof held on the 23 day of
February, 2017 by the following vote:
AYES: Scheafer, Ferryman, Ooten, Perry
NAYES: None
ABSTAIN: None
ABSENT: Schafer
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this ; day of February 2017.
i
?Noel.ni dd-nway
Clerk of the Costa esa Sanit-ry District
SLos Anelcs mimes
MEDIA G ROUP RECEIVED
FEB 27 2017
c M 15tao. r
Sold To:
COSTA MESA SANITARY DISTRICT-CU00069897
290 Paularino Ave
Costa Mesa,CA 92626
Bill To:
COSTA MESA SANITARY DISTRICT-CU00069897
290 Paularino Ave
Costa Mesa,CA 92626
ORDINANCE NO.117
AN ORDINANCE OF THE
BOARD OF DIRECTORS
OF THE COSTA MESA
SANITARY DISTRICT
CLARIFYING WHEN
ELECTED CANDIDATES
TATO: OFFICE AND
CHANGING THE DIS-
TRICTS
HEADQUARTERS AD-
DRESS
WHEREAS, when candi-
dates who are elected
take office is determined
by the California Elections
Code and the California
Health and Safety Code;
and
WHEREAS,Elections Code
Section 10551 provides
that the county elections
official shall declare the
elected candidates no
later than the Monday
before the first Friday in
December;and
WHEREAS,based on that
State law the Costa Mesa
Sanitary District's Opera-
tions Code provided that
those certified as elected
shall enter office on or
after noon of the first Fri-
day in December after the
election and upon taking
the oath of office;and
WHEREAS,confusion ex-
ists in the state law and
in the Operations Code as
to when an elected candi-
date takes office;and
WHEREAS, the County
Elections Official is not
always able to certify the
final results on the date
that the Elections Code
sets forth as the begin •
-
ning of the term of office;
and
WHEREAS, the Board of
Directors does hereby de-
sire to clarify its
Operations Code so that it
is dear when elected can-
didates take office;and
WHEREAS, the Board
has recently purchased
and remodeled a build-
ing that it is using as its
headquarters facility and
desires to officially recog-
nize that fact and amend
its Operations Code to so
provide.
NOW, THEREFORE, the 4790600-Orange Coast Daily Pilot
Board of Directors of the
Costa Mesa Sanitary Dis- Page 2 of 2
trict does hereby ORDAIN
as follows:
Itos Angeles Mimes
MEDIA GROUP
Section 1. That Section
3.010.020 of the Dis-
trict's Operations Code is
amended to read:
'3.01.025
Election of Board of Di-
rectors and Selection of
Officers.
(a)Directors shall take of-
fice on the earliest date
and time that the District
Clerk can practically ar-
range it, and only after
all three events have oc-
curred:
Lit is a date and time that
Is after noon of the first
Friday in December.
2.The election results
have been certified.
3.The Director has taken
the oath of office.
(b)The Board shall select
a President and Secretary
from its members after
the date the election re-
sults are final and those
selected have taken their
oaths of office. At that
time a Vice-President and
an Assistant Secretary
may also be selected.A
new selection shall be
made after each regular
election for directors by
the voters of the district.
Section 2. That Section
3.010.050 of the Dis-
trict's Operations Code is
amended to read:
'3.01.050 Board Head-
quarters/Place of Meet-
ings. The headquarters
of the
District shall be at 290
Paularino Avenue, Costa
Mesa, California. The
Board of Directors shall
conduct its regular meet-
ings at that location un-
less notice is otherwise
gam.
Section 3. Should any
part, clause or section
of this Ordinance be de-
dared by any Court of
competent jurisdiction to
be invalid,the remains
provisions of this Ordi-
nance 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 enforce-
ment of the remaining
provisions of this Ordi-
nance that may stand on
their own.
Section 4. The District
Civic shall cause this or-
dinance or a summary
thereof to be published
in a newspaper of general
circulation printed and
published in the District
according to law and It
shall go into effect 30
days thereafter.
PASSED and ADOPTED
this 26 day of January,
2017
Arlene Schafer,Secretary
Mike Scheafer,President
Alan Burns,District Coun-
sel
Los Aucics Mimes
MEDIA GROUP
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF ILLINOIS
County of Cook
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
on Jan 14,1938,Cases A6214 for the City of Costa Mesa,County of Orange, and State of California. Attached to
this Affidavit is a true and complete copy as was printed and published on the following date(s):
Feb 22,2017
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
Dated at Chicago, Illinois
on this?-day of g ,20 n .
(signature]
435 N. Michigan Ave.
Chicago,IL 60611
4790600-Orange Coast Daily Pilot
Page 1 of 2
Eos Angeles mimes
MEDIA GROUP
Sold To:
COSTA MESA SANITARY DISTRICT-CUOOO69897
290 Paularino Ave
Costa Mesa,CA 92626
Bill To:
COSTA MESA SANITARY DISTRICT-CUOOO69897
290 Paularino Ave
Costa Mesa,CA 92626
ORDINANCE NO.117
AN ORDINANCE OF THE
BOARD OF DIRECTORS
OF THE COSTA MESA
SANITARY DISTRICT
CLARIFYING WHEN
ELECTED CANDIDATES
TAKE OFFICE AND
CHANGING THE DIS-
TRICT'S
HEADQUARTERS AD-
DRESS
WHEREAS, when candi-
dates who are elected
take office Is determined
by the California Elections
Code and the California
Health and Safety Code;
and
WHEREAS,Elections Code
Section 10551 provides
that the county elections
official shall declare the
elected candidates no
later than the Monday
before the first Friday in
December;and
WHEREAS,based on that
State law the Costa Mesa
Sanitary District's Opera-
tions Code provided that
those certified as elected
shall enter office on or
after noon of the first Fri-
day in December after the
election and upon taking
the oath of office;and
WHEREAS, confusion ex-
ists in the state law and
in the Operations Code as
to when an elected candi-
date takes office and
WHEREAS, the County
Elections Official is not
always able to certify the
final results on the date
that the Elections Code
sets forth as the begin-
ning of the term of office;
and
WHEREAS, the Board of
Directors does hereby de-
sire to clarify its
Operations Code so that it
is clear when elected can-
didates take office;and
WHEREAS, the Board
has recently purchased
and remodeled a build-
ing that it is using as its
headquarters facility and
desires to officially recog-
nize that fact and amend •
its Operations Code to so
provide.
NOW, THEREFORE, the 4790600- Newport Harbor News Press Combined With Daily Pilot
Board of Directors of the
Costa Mesa Sanitary Dis- Page 2 of 2
trill does hereby ORDAIN
as follows:
los AuQC1CS Mimes
MEDIA GROUP
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF ILLINOIS
County of Cook
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 Newport Harbor News Press Combined With Daily Pilot, which was adjudged a
newspaper of general circulation on June 19, 1952,Cases A24831 for the City of Newport Beach,County of Orange,
and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the
following date(s):
Feb 22,2017
I certify(or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
Dated at Chicago, Illinois
on thi, . day of eg- ,20 f
/ [signature]
435 N.Michigan Ave.
Chicago,IL 60611
4790600- Newport Harbor News Press Combined With Daily Pilot
Page 1 of 2
Ito, Angeles Mimes
MEDIA GROUP
Section 1. That Section
3.010.020 of the Dis-
trict's Operations Code is
amended to read:
3.01.025
Election of Board of Di-
rectors and Selection of
Officers.
(a)Directors shall take of-
fice on the earliest date
and time that the District
Clerk can practically ar-
rai and only after
all three events have oc-
curred:
lit is a date and time that
is after noon of the frst
Friday in December.
2.The election results
have been certified.
3.The Director has taken
the oath of office.
(b)The Board shall select
a President and Secretary
from its members after
the date the election re-
sults are final and those
selected have taken their
oaths of office. At that
time a Vice-President and
an Assistant Secretary
may also be selected.A
new selection shall be
made after each regular
election for directors by
the voters of the district
Section 2. That Section
3.010.050 of the Dis-
trict's Operations Code is
amended to read:
"3.01.050 Board Head-
quarters/Place of Meet-
ings. The headquarters
of the
District shall be at 290
Paularino Avenue, Costa
Mesa, California. The
Board of Directors shall
conduct its regular meet-
ings at that location un-
less notice is otherwise
gam"
Section 3. Should any
part, clause or section
of this Ordinance be de-
clared by any Court of
competent jurisdiction to
be invalid,the remaining
provisions of this Ordi-
nance 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 enforce-
ment of the remaining
provisions of this Ordi-
nance that may stand on
their own.
Section 4. The District
Clerk shall cause this or-
dinance or a summary
thereof to be published
in a newspaper of general
circulation printed and
published in the District
according to law and it
shall go into effect 30
days thereafter.
PASSED and ADOPTED
this 26 day of January,
2017
Arlene Schafer,Secretary
Mike Scheafer,President
Alan Burns,District Coun-
sel