Reso 2022-954RESOLUTION NO. 2022-954
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DETERMINING THAT
A MAJORITY PROTEST DID NOT OCCUR WITH RESPECT TO THE PROPOSED
CHARGES FOR SEWAGE COLLECTION ADOPTING A SCHEDULE OF CHARGES
FOR 2022-2027
WHEREAS, an ordinance providing for sewage collection charges pursuant to
Section 5473 of the Health and Safety Code was passed and adopted on the 9th day of
June 1968, at a regular meeting of said Board; and
WHEREAS, the Board has determined that since an increase in sewage
collection rates is proposed, that Proposition 218 may apply to the imposition of these
charges and therefore has conducted a public hearing and determined that:
1. Revenues derived from the fee or charge do not exceed the funds
required to provide the sewage collection service. The charges are
calculated by adding together the cost of components necessary to
provide the service and then apportioning this to those properties
receiving sewage collection service. No components other than those
directly related to providing service are used to establish rates. The
components include sewage collection, capital improvements, education
and special programs, and administration.
2. Revenue from the fee or charge is not used for any purpose other than for
which the fee or charge is imposed. The revenue is used only for the
components of providing sewage collection service as outlined in the
report prepared by RDN and as identified in the District's yearly budget.
3. The amount of the fee or charge imposed upon any parcel or person as an
incident of property ownership does not exceed the proportional cost of
the service attributable to the parcel. The amount of the yearly charge is
determined by dividing the cost of all the components of providing the
service by the number of parcels receiving service, with further
adjustments based on volume of sewage traditionally produced by land
use, and further factoring in the character of the sewage.
4. The fee or charge is not imposed for service unless the service is actually
used by, or immediately available to, the owner of the property in question.
Properties not receiving sewage collection service or that receive service
from other entities providing sewage collection, are not charged.
5. No fee or charge is being imposed for general governmental services such
as police, fire, ambulance, or libraries, but is only imposed for sewage
collection services. The District provides only trash collection and sewer
services and charges collected for sewage collection are used only for that
purpose.
WHEREAS, a schedule of charges for the different land uses Proposed is
attached as Exhibit A and will be the basis of the report assessing the charges on the
assessment roll in accordance with Healthy and Safety Code Section 5473.4; and
WHEREAS, a public hearing was set for the 28th day of February 2012 to be
heard at the Costa Mesa Sanitary District, 290 Paularino Ave, Costa Mesa, California,
at the hour of 4:30 p.m.; and
WHEREAS, the Clerk has heretofore caused notice of said hearing to be
published in a newspaper of general circulation within the District, in accordance with
the law;
WHEREAS, mailed notice has also been given to each owner of record for
which a charge is proposed; and
WHEREAS, said public hearing has been conducted; and
WHEREAS, a majority protest has not occurred; and
WHEREAS, the Board has heard any objections or protests to said report
and desires to overrule said objections, if any be made; and
WHEREAS, the Board does desire to adopt the report without modification;
NOW, THEREFORE, BE IT RESOLVED that any protests are hereby overruled.
BE IT FURTHER RESOLVED that the schedule of charges in Exhibit A is hereby
adopted.
BE IT FINALLY RESOLVED that the Clerk shall hereafter cause a copy of the
report assessing the charges on properties be adopted and filed with the County
pursuant to Health and Safety Code 5473.4.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary
District at a regular meeting thereof held on the 28 day of February 2022.
Secretary President
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. 2022-954, was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof held on the
28th day of February 2022, by the following vote:
AYES: Ooten, Scheafer, Schafer, Perry
NOES: Eckles
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 February 2022.
Cler of th C� . s•sa nitaryDistrict