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Reso 2009-771v RESOLUTION NO. 2009 -771 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 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, 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 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 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 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. N W 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. cretarr President 3 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 -771 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 30th 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 __ 2009. Clerk of th o,ta :Mesa. Sanitary District L!