Reso 2022-967RESOLUTION NO. 2022-967
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA
MESA SANITARY DISTRICT ADOPTING SOLID WASTE
CHARGES AND IMPOSING CHARGES ON THE ASSESSMENT
ROLL FOR SOLID WASTE COLLECTION FOR 2022-2023
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF
ORANGE COUNTY, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
WHEREAS, the Board of Directors has adopted the procedures authorized by
California Health and Safety Code Section 5470 et seq. for the collection of rates and
charges for solid waste collection on the assessment roll;
WHEREAS, the Board of Directors has previously complied with California
Constitution, Article XIID (Proposition 218) in establishing those fees, including a 45
day postcard notice each time those fees are increased and has conducted a protest
hearing regarding solid waste charges for a five year schedule of increases pursuant
to Government Code Section 53756;
WHEREAS, the Board of Directors adopted a five-year schedule of increases
pursuant to Government Code Section 53756 as set forth as follows:
Current Rates
Proposed Rates
FY 2018119
FY 2019120
FY 2020121
FY 2021/22
FY 2022/23
FY 2023/24
$216.00
$224.88
$240.60
$257.40
$272.88
$289.20
WHEREAS, the Board of Directors does hereby desire to conduct its annual
assessment of the properties within the District for 2022/2023 by adopting those
charges in compliance with Health and Safety Code Section 5473; and
WHEREAS, the Board of Directors has conducted a public hearing after
providing notice in accordance with Health and Safety Code Section 5473.1.
NOW THEREFORE, THE BOARD DOES HEREBY:
1. Adopt the charges for each parcel which constitutes the report assessing
those properties on the assessment roll in accordance with Health and
Safety Code Section 5473 which shall be filed with the District Clerk which
describes every parcel receiving service and the amount of the charge for
2022-2023.
2. Direct the District Clerk to file with the Auditor a copy of the report prepared
pursuant to Health and Safety Code Section 5473 with a statement
endorsed on the report over her signature that the charges constituting the
report has been finally adopted by the Board of Directors and the Auditor
shall enter the amounts of the charges against the parcels on the current
assessment roll.
PASSED and ADOPTED this &day of2022.
"Q Id+ �,& ,
Secretary President
CERTIFICATE OF ASSESSMENT
The Costa Mesa Sanitary District hereby certifies that the special assessment(s) (see
below) to be placed on the 2022-23 Secured Tax Bill by the Costa Mesa Sanitary District
meets the requirements of Proposition 218 that added Articles XIIIC and XIIID to the State
Constitution.
The Costa Mesa Sanitary District agrees to defend, indemnify and hold harmless the
County of Orange, the Board of Supervisors, the Auditor -Controller, its officers and
employees, from litigation over whether the requirements of Proposition 218 were met
with respect to such assessment(s).
If any judgment is entered against any indemnified party as a result of not meeting the
requirements of Proposition 218 for such assessment(s), the Costa Mesa Sanitary District
agrees that County may offset the amount of any judgment paid by an indemnified party
from any monies collected by County on Costa Mesa Sanitary District's behalf, including
property taxes, special taxes, fees, or assessments.
Presid o t Wte
2022-2023 Special Assessments and/or Direct Charges are listed below:
County Type of Tax/
City/District Code Description
1. B5/757 Trash Disposal Fee (Solid Waste Charge)
2. B6/757 Sanitary ASMT (Wastewater Charge)
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Resolution No. 2022-967, was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof held on the
25th day of July 2022, by the following vote:
AYES: Ooten, Scheafer, Schafer, 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 25'h day of July 2022.
rk bf the CWa MVsa Sanitary District