Ord 2021-132ORDINANCE NO. 132
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT CONFIRMING ANNUAL CHARGES FOR SOLID WASTE AND
WASTEWATER FOR 2021-2022
WHEREAS, District has implemented the procedure set forth in Health & Safety
Code section 5470 et seq. for imposing wastewater and solid waste charge collection on
the tax rolls by duly noticing and conducting a public hearing thereon;
WHEREAS, since District implemented that procedure, Proposition 218 was
passed, adding Article XIIID to the California Constitution, and requiring a 45-day noticed
public hearing before rates are increased;
WHEREAS, District has adopted increased solid waste fees ascending to a five
year schedule after a noticed public hearing, but intends to keep the rates the same for
wastewater;
WHEREAS, the law requires an annual imposition of those rates on the current
tax roll and a certification of a report to the Auditor that the imposition is accurate and
that the charges are correctly set forth for each the parcel pursuant to Health & Safety
Code Section 5473;
WHEREAS, the law requires a noticed public hearing to provide a hearing for
objections to the report by those to be assessed;
WHEREAS, the Board has taken these actions by separate resolution for each
charge since the Auditor prefers a resolution; and
WHEREAS, Health & Safety Code Section 5471 provides that these charges
mayonly be imposed by ordinance;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That the charges set forth in Resolution Nos. 2021-939
for wastewater and 2021-940 for solid waste charges for 2021-2022 fiscal year,
respectively, are hereby confirmed by the adoption of this ordinance, which shall be
kept on file with the District.
Section 2. 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
Ordinance No. 132
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 portionthereof
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
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 28t" day of June 2021.
- r"j
Secretary
District Counsel
President
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
CITY OF COSTA MESA
1, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Ordinance No. 132 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the 28th day
of June 2021 by the following votes:
AYES: Ooten, Schafer, Scheafer, Perry, Eckles
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this 28th day of June 2021.
Cl4rk ofthe Costa ple4Sanitary District