Reso 2013-834RESOLUTION NO. 2013 -834
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT ADOPTING
ANNUAL CHARGES FOR LIQUID WASTE
WHEREAS, the Board provides transportation of sewage through its collection system
and various other services related thereto, including, but not limited to, services related to
complying with the State Water Resources Control Board Discharge Order and other federal
Clean Water Act mandates; and
WHEREAS, pursuant to the authority granted to sanitary districts under Health and
Safety Code Sections 5470 et seq., the District has determined to impose these charges for
these services and collect that charge on the tax roll in the same manner as general taxes; and
WHEREAS, since imposing that annual charge on the Assessment Roll, Proposition 218
was enacted, and since 1996, a mailed protest hearing was noticed and conducted before fees
were imposed; and
WHEREAS, the Board directed that a sewer rate study be prepared by HF &H
Consultants to determine whether the District's charges were proportional to the service
provided to the District's parcels in accordance with Proposition 218 (Cal Constit Art XIIID); and
WHEREAS, the Board has considered that study and determined that rate adjustments
as set forth in that study would make those rates more proportional; and
WHEREAS, the Board of Directors has determined to increase the rates for Single -
Family residential units and reduce the rates for annual charges for Multi - Family residential,
Commercial, and Industrial liquid waste this year, and desires to adopt the report imposing the
charges pursuant to the provisions of Health and Safety Code Sections 5470 at seq.; and
WHEREAS, the Board has also determined that the amount of revenue needed to
operate the sewer collection system for the next five years is accurately projected in the staff
report; and
WHEREAS, the Board has also determined that the increases in the rates for the next
five years is an accurate forecast of what will be needed by the District for those operations, all
as set forth in the Study and agenda report; and
WHEREAS, a new protest hearing was noticed since these new rates will increase some
rates, while decreasing others; and
WHEREAS, mailed notice was provided 45 days in advance of the protest hearing; and
WHEREAS, published notice was also provided in accordance with Government Code
Section 6066 and Health and Safety Code Section 5473.1 in the Daily Pilot; and
WHEREAS, the Board has conducted the protest hearing and determined that a majority
protest did not occur;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does
hereby RESOLVE as follows:
1. That after the protest hearing was conducted, it was determined that a successful
protest did not occur.
2. That the charges to be imposed meet the substantive and procedural
requirements of Prop 218 (Cal. Constit., Art, XIIID).
3. That the charges are hereby adopted and imposed on the property tax roll in
accordance with Health and Safety Code Section 5473.
4. That the written report describing the parcels and charges provided for in Health
and Safety Code Section 5473 are hereby adopted in accordance with Health and Safety Code
section 5473.3 and shall be filed with the District Clerk.
5. That the Clerk is hereby directed to file a copy of the report with the Auditor
before August 9, 2013, with a statement endorsed on the report over his signature that the
report has been finally adopted by the Board of Directors, and the Auditor shall enter the
charges against the parcels as they appear on the assessor's roll. It is acknowledged that said
report will be prepared in an electronic format, which will be transmitted to the Auditor.
This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District
at a regular meeting held on the 27th day of June, 2013.
James Ferrymafi
of the Board of Directors
Arthur Perry
Secretary of the Board of ectors
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 -834 duly and regularly passed and adopted
by said Board of Directors at a regular meeting thereof held on the 27th day of June
2013.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this 27th day of June 2013.
Scott Carroll
Clerk of the Costa Mesa Sanitary District