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Reso 2024-993RESOLUTION NO.2024-993 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 TRASH COLLECTION AND ADOPTING A SCHEDULE OF CHARGES FOR 2024-2029. RECITALS WHEREAS, an ordinance providing for the trash collection charges pursuant to Section 5473 of the Health and Safety Code was passed and adopted on the 5th day of June 1968, at a regular meeting of said Board; and WHEREAS, The Board has determined that since an increase in trash rates is proposed, that Proposition 218 may apply to the imposition of these charges and therefore has determined that: 1. Revenues derived from the fee or charge do not exceed the funds required to provide the trash collection service. The charges are calculated by adding together the cost of components necessary to provide the service and then apportioning this to those receiving trash collection service. No components other than those directly related to providing service are used to establish rates. The components include trash collection, recycling, organics recycling, 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 trash collection service as outlined in paragraph 1 above and as identified in the Districts yearly budget. 3. The amount of a 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, as the vast majority of parcels produce an approximately equal amount of solid waste and all parcels enjoy the benefit of the public education and have an opportunity to participate in the special programs. Exhibit A Current Rates Proposed Rates FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 $289.20 $328.92 $358.52 $383.62 $410.47 $431.00 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 trash collection service or that receive service from other entities providing trash 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 trash collection services. The District provides only trash collection and sewer service and charges collected for trash collection are used only for that purpose. WHEREAS, a public hearing was set for the 24th day of June 2024 to be heard at the Costa Mesa Sanitary District, 290 Paularino Street, 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 does desire to adopt this resolution without modification. NOW, THEREFORE, BE IT RESOLVED that any protests are hereby overruled. BE IT FURTHER RESOLVED that the schedule of charges attached in Exhibit A hereto is ADOPTED, PASSED and ADOPTED by the Board of the Director of the Costa Mesa Sanitary District at this regular meeting held on the 24th of June 2024. PASSED AND ADOPTED this 24th day of June 2024. Secretary/Treasurer j a 0 M 0 ►' A • • 0 District Counsel Presient STATE OF CALIFORNIA) COUNTY OF ORANGE SS CITY OF COSTA MESA 1, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2024-993, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 24thday of June 2024, by the following vote: AYES: Scheafer, Schafer, Perry, Ooten NOES: Eckes ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 24 th day of June 2024.