Ord 2020-130ORDINANCE NO. 130
AN ORDINANCE OF THE BOARD OF
DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT CONFIRMING ANNUAL
CHARGES FOR SOLID WASTE AND
WASTEWATER FOR 2020-2021
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 may
only 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. 2020-930 for
wastewater and 2020-931 for solid waste charges for 2020-2021 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 No. 130
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.
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 JUN
Fin A A 16) AI!m
Secretary Presid nt
APPROVED AS TO FORM:
HARPER & BURNS LLP
District Counsel
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 Ordinance No. 130 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the 27 day
of July, 2020 by the following votes:
AYES: Ferryman, Ooten, Schafer, Scheafer, Perry
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 27th day of July 2020.
WA
Clerk ofâșthe Closta(Vesa Say nary District