Reso 2012-814Item VII.A.1.
RESOLUTION NO. 2012 -814
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT ADOPTING ANNUAL
CHARGES FOR SOLID WASTE
WHEREAS, the Board provides for the collection of trash and related solid waste
services through its exclusive franchisee to all residential areas within the District; 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 those
charges for that service 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 of Directors has determined to reduce the rates for the
annual charges for solid waste this year but desires to adopt the report imposing the
charges pursuant to the provisions of Health and Safety Code Sections 5470 et seq.;
and
WHEREAS, said reduction in rates will not result in any person paying an
increased amount and is thus exempt from the mailed notice procedures pursuant to
Government Code Section 53750(h); and
WHEREAS, published notice has been duly given of this hearing as provided in
Government Code Section 6066 and Health and Safety Code Section 5473.1,
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby RESOLVE as follows:
Section 1. That the fees, rates and charges imposed herein have been reduced
from previously adopted to an annual charge of $228.00 and are imposed on the tax roll
pursuant to the procedures provided in Health and Safety Code Section 5473.
Section 2. That the appropriateness of said fees was established in accordance
with California Constitution Article XIIID in previous years.
Section 3. That the Board has conducted the hearing and has determined that a
protest did not occur.
Section 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.
Section 5. That the Clerk is hereby directed to file a copy of the report with the
Auditor before August 10, 2012, 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 28th day of June, 2012.
I /
Robert Ooten Mike §cheafer
President of the Board of Directors Secretary of the
of Directors
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. 2012 -814, was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof held on the 28th
day of June, 2012.
AYES: President Ooten, Directors Ferryman, Scheafer, Fitzpatrick, and 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 28th day of June 2012.
Clbrk_6f,the Costa M sa Sanitary District