Reso 2009-772RESOLUTION NO. 2009 -772
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 USER FEE FOR LIQUID WASTE
DISPOSAL AND ADOPTING THE REPORT ON FILE WITH THE
CLERK OF THE DISTRICT AND DIRECTING THE CLERK TO FILE
THE REPORT WITH THE AUDITOR.
RECITALS
WHEREAS, an ordinance providing for the user fee for liquid waste disposal
pursuant to Section 5473 of the Health and Safety Code was passed and adopted on
the 9`'' day of June 1983, at a regular meeting of said Board, in consolidation with a
public hearing conducted by Sanitation District No. 6; and
WHEREAS, the Board has determined that since an increase in sewer rates is
proposed, that Proposition 218 may apply to the procedures for adopting these
charges and has, therefore, determined that the substantive provisions of Proposition
218 may apply to said charges and the Board has determined that the following criteria
have been met:
1. Revenues derived from the annual sewer fee charges do not exceed the
funds required to provide the sewer service. The base sewer charges are
calculated by adding together the costs of all the components of providing
the service and then apportioning the required funds to each of the
properties connected to the system. The components of providing the
service include the yearly capital replacement projects, the maintenance
and operation costs of maintaining the system and administration costs.
Additional funds are also necessary to operate and maintain the sewer
system in conformance with the Regional Water Quality Control Board's
Waste Discharge Requirements (WDR). A variable level charge was added
to each of the property categories to recover a portion of the costs of the
comprehensive fats, oils and grease control program that is required under
the WDR. These charges are also shown in the Engineer's Report.
2. Revenue from the fee or charge is not used for any purpose other than for
which the fee or charge is imposed. No funds collected from the charges
are used for expansion or augmentation to the sewer system, only the
purposes as designated in the applicable statutes. Similarly,. no funds
derived from the charges are used for solid waste collection, recycling, or
administration thereof
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. Each parcel connected to the system
falls into a property category type, which has a related estimated maximum
sewer flow. The maximum estimated sewer flow is based on actual flow
metering tests along with flow rates calculated and established by other
sewer agencies.
The total estimated maximum sewer flows and acres of property
developed are used to determine the funding contribution from each
property category type. Each individual parcel, based on the actual
number of residential units or commercial /industrial /other square
footage, is assigned its proportional share of the required funds of each
property category type. In addition to the base sewer charges, a variable
level charge was added to recover a portion of the costs of the new grease
control program. Therefore, each property contributes its proportional
share.
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 are only charged if they are physically connected to
the sewer system. Vacant land or properties with storage or other
buildings not receiving sewer service are not charged.
5. No fee or charge is imposed for general governmental services such as
police, fire, ambulance, or libraries, but is only imposed for sewer services.
The District provides only trash collection and sewer service and all fees
collected as sewer charges are used only for related expenses.
WHEREAS, a written report has been prepared and filed with the Clerk which
contains a description of each parcel of real property receiving liquid waste disposal
services and the amount of the charge for each parcel for said year, computed in
conformity with the ordinance in accordance with Health and Safety Code Section
5473; and
WHEREAS, a public hearing was set for the 30th day of July 2009 to be heard
at the Costa Mesa Sanitary District, 628 W. 19`h Street, Costa Mesa, California, at the
hour of 6:00 p.m.; and
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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 no modifications are necessary in said
report and that the report is adopted as presented and the charges set forth therein
imposed.
BE IT FINALLY RESOLVED that the District Clerk is instructed to file a
copy of this report, properly endorsed over her signature to show that it has been
finally adopted, and this Resolution, with the County Auditor.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa
Sanitary District at a special meeting thereof held on the 30th day of July 2009
Secr -tary tl President
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F STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the
above and foregoing Resolution No. 2009 -772, was duly and regularly passed and
adopted by said Board of Directors at a special meeting thereof held on the30th day
of July 2009.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the Costa Mesa Sanitary District, this] day of 0 2009.
Clerk e Costa Mesa; Sanit
, ary District
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