Reso 1999-622r
RESOLUTION NO. 99-622
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`" 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 12th day of August 1999 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 12th day of August 1999.
�ccretary
n
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. 99 -622, was duly and regularly passed and adopted
by said Board of Directors at a regular meeting thereof held on the 12th day of August
1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this I_,-M, day of 0e,A4, 4.44 1999.
Clerk of the: ` ��s ! Mesa. Sa- niiary District