Reso 2000-640RESOLUTION NO. 2000 -640
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.
RF.C.TTATS,
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 9th 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 considered whether the procedural provisions
of Proposition 218 applies to the imposition of these charges and has determined
that Proposition 218 does not apply to the procedures for adopting these charges
since the charges are not being increased; and
WHEREAS, 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 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.
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. 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 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�
.
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 -640, 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 /oxj, day of
2000.
Clerk of'asta -Mess Sanitary District