Reso 2000-639t - : I.
RESOLUTION NO. 2000 -639
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 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 trash collection charges
pursuant to Section 5473 of the Health and Safety Code was passed and adopted
on the 5`h 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, 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 District's 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
i
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 benefits of the public education and have an
opportunity to participate in the special programs.
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 written report has been prepared and filed with the Clerk
which contains a description of each parcel of real property receiving trash
collection 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 10th day of August 2000 to be
heard in the Council Chambers of the Costa Mesa City Hall at 77 Fair Drive,
Costa Mesa, California, at the hour of 6:00 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 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 regular meeting thereof held on the 10th day of August 2000.
r /lj.l
.cretary y President
. 1%.
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. 2000 -639, was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof held
on the 10th day of August 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the Costa Mesa Sanitary District, this kg day of Oj-t,*,,zt
2000.
Clerk 6� �;bsta lflesa Sanitary District