Reso 1998-613';g.
RESOLUTION NO. 98 -613
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'h 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 fee or charge have not exceeded the funds required
to provide the property related service.
2. Revenue from the fee or charge is not being used for any purpose other than
that for which the fee or charge is imposed.
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.
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.
5. No fee or charge is being imposed for general governmental services such as
police, fire, ambulance, or libraries, where the service is available to the public
in substantially the same manner as it is to property owners.
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
4;
WHEREAS, a public hearing was set for the 13'h day of August, 1998 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 or 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 13th day of August, 1998.
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. 98 -613, was duly and regularly passed and adopted by said
Board of Directors at a regular meeting thereof held on the 13th day of August, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 13,tt day of (,,,,L , 19 98'
Clerk of We Costa Mesa Sanitary District