HomeMy WebLinkAbout03-172 CC ResolutionRESOLUTION NO. 03-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING, CALLING AND GIVING NOTICE OF AN
ADVISORY ELECTION AND A SPECIAL ELECTION TO BE HELD
WITHIN THE TERRITORY TO BE ANNEXED TO THE CITY OF
TEMECULA AND THE TEMECULA COMMUNITY SERVICES
DISTRICT AS PART OF THE REORGANIZATION DESIGNATED
AS LAFCO NO. 2003-26-3 (REDHAWK) ON TUESDAY, MARCH 2,
2094, FOR SUBMISSION TO THE VOTERS OF MEASURES
RELATING TO THE ANNEXATION OF SUCH TERRITORY, THE
LEVY OF A SPECIAL TAX WITHIN SUCH TERRITORY, AND THE
ADOPTION OF RATES AND CHARGES WITHIN SUCH
TERRITORY; AND REQUESTING THAT THE BOARD OF
SUPERVISORS OF THE COUNTY OF RIVERSIDE CONSOLIDATE
SUCH ADVISORY ELECTION AND SPECIAL ELECTION WITH
THE REGULAR ELECTION OF THE COUNTY TO BE HELD ON
THAT DATE
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES,
DECLARES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. Pursuant to the requirements of Article XIIIA, Article XlllC, and Article XIIID of the
California Constitution, and pursuant to Resolution No. 53-03 of the Local Agency Formation
Commission of the County of Riverside (LAFCO), there is hereby called and ordered to be held
within the territory to be.annexed to the City of Temecula and the Temecula Community Services
District as part of the reorganization designated as LAFCO No. 2003-26-3 on Tuesday, March 2,
2003, an advisory election and a special election for the purpose of submitting to the qualified voters
of such territory an advisory measure regarding the proposed annexation, a proposition authorizing
the City to levy a special tax within such territory, and a proposition authorizing the Temecula
Community Services District to adopt rates and charges within such territory.
Section 2. The measure to be submitted to all of the voters in the area to be annexed shall
be substantially as follows:
ADVISORY VOTE ONLY PURSUANT TO ELECTIONS CODE 9603
ANNEXATION OF REDHAWK TO CITY OF TEMECULA (MAJORITY
VOTE): Shall the annexation of the Redhawk Annexation Area to the city
of Temecula and the Temecula Community Services District, along with the
concurrent detachment from County Service Areas 143 and 152 and the
Riverside County Waste Resources District, pursuant to Riverside County
LAFCO Application No. 2003-26-3 be approved?
Yes
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ANNEXATION OF REDHAWK (TWO-THIRDS VOTE): Shall Ordinance
03-12 of the City of Temecula be adopted replacing existing County
Service Area 143 and 152 tax levied against parcels within the Redhawk
Annexation Area with the City's special tax which shall only be used for
parks, recreation facilities, recreation and community services programs,
median landscaping, arterial street lights and traffic signals as part of the
annexation of the Redhawk Annexation Area to the City of Temecula?
Yes
No
ANNEXATION OF REDHAWK (TWO-THIRDS VOTE): Shall Resolution
CSD 03-21of the Board of Directors of the Temecula Community Services
District be adopted replacing existing County Service Area No. 143 and
152 assessments and charges levied against parcels within the Redhawk
Annexation Area with rates and charges which shall only be used for
residential street lighting as part of the annexation of the Redhawk
Annexation Area to the Temecula Community Services District?
Yes
No
Section 3. The text of the proposed ordinance to be submitted to the voters is attached
hereto in substantially the form of Exhibit A and incorporated herein by reference. The type of tax,
the rate of tax, and the method of collection are stated therein.
Section 4. The text of the proposed resolution to be submitted to the voters is attached
hereto in substantially the form of Exhibit B and incorporated herein by reference.
Section 5. The polls for the election shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously from that time until eight o'clock p.m. of the same day
when the polls shall be closed, except as provided in Elections Code Section 14401.
Section 6. In all particulars not recited in this Resolution, the election shall be held and
conducted as provided by law for holding City elections.
Section 7. Notice of the time and place of holding the election is hereby given and the City
Clerk is hereby authorized, instructed and directed to give further or additional notice of the election,
in the time, form and manner as required by law.
Section 8. Pursuant to the requirements of Sections 9603 and 10403 of the Elections Code,
the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the
consolidation of the advisory election and special election with the County's regular election to be
held on Tuesday, March 2, 2004.
Section 9. The Registrar of Voters of the County of Riverside is hereby au. thorized to
canvass the returns of the advisory election and special election.
Section 10. Pursuant to Elections Code Section 10002, the Board of Supervisors of the
County of Riverside is hereby requested to issue instructions to the County Registrar of Voters and
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Section 10. Pursuant to Elections Code Section 10002, the Board of Supervisors of the
County of Riverside is hereby requested to issue instructions to the County Registrar of Voters and
all County officers charged with duties pertaining to the election to take any and all steps necessary
for the holding of the election, including the preparation of necessary materials.
Section 11. The City shall reimburse the County of Riverside for services performed when
the work is completed and upon presentation to the City of a properly approved bill.
Section 12. The City Council hereby directs the City Clerk to transmit a copy of the measure
to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure showing
the effect of the measure on the existing law and the operation of the measure. The impartial
analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.
Section 13. The City Council, the officers and staff of the City and the City's legal counsel
are hereby authorized and directed to take such further action as may be necessary or appropriate
in preparing for and conducting the election.
PASSED, APPROVED AND ADOPTED, this the 25th day of November, 2003.
ATTEST:
____~J eff~'ey""ET'. Sro n e, Mayor
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
SS
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 03-172 was duly and regularly adopted by the City Council of the City of Temecula at
a regular meeting thereof held on the 25th day of November, 2003, by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNClLMEMBERS:Comerchero, Naggar, Roberts, Washington, Stone
COUNClLMEMBERS:None
COUNCILMEMBERS:None
COUNCILMEMBERS:None
City Clerk
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Erchibit A
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA,
LEVYING A SPECIAL TAX TO FINANCE THE OPERATION,
MAINTENANCE AND SERVICING OF PUBLIC PARKS AND
RECREATIONAL FACILITIES, RECREATIONAL AND
COMMUNITY SERVICES PROGRAMS, MEDIAN
LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC
SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE
ANNEXED TO THE CITY OF TEMECULA AS PART OF THE
REORGANIZATION DESIGNATED BY THE RIVERSIDE
COUNTY LOCAL AGENCY FORMATION COMMISSION AS
LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER
APPROVAL OF VOTERS WITHIN THE REDHAWK
ANNEXATION AREA
THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. On March 4, 1997 the voters of the City of Temecula approved Ordinance
No. 96-21 of the City of Temecula, levying a special tax to finance the operation, maintenance
and servicing of public parks and recreational facilities, recreational and community services
programs, median landscaping, arterial street lights and traffic signals throughout the City of
Temecula.
Section 2. By its Resolution No. 03-__, the Riverside County Local Agency Formation
Commission ordered the reorganization designated as LAFCO 2003-26-3, a reorganization to
include annexation of Redhawk to the City of Temecula and the Temecula Community Services
District and concurrent detachment from County Service Areas 143 and 152 and the Riverside
County Waste Resources Management District ("Redhawk Annexation"). The Redhawk
Annexation specifies the area to be annexed to the City of Temecula and the Temecula
Community Services District, which area includes the Redhawk Specific Plan Area ("Redhawk
Annexation Area"). Such reorganization was ordered subject to two-thirds (2/3) voter approval
by voters voting in the Redhawk Annexation Area of a special tax against parcels within that
territory for the maintenance, operation and servicing of public parks, recreational facilities,
recreational and community services programs, median landscaping, arterial street lights and
traffic signals.
Section 3. Pursuant to the authority of Article Xl, Section 7 of the California
Constitution, Government Code Section 37100.5, and other applicable law, there is hereby
levied and assessed a special .tax by the City of Temecula on each parcel of property in the
Redhawk Annexation Area, commencing with fiscal year 2006-06.
Section 4. The maximum amount of said special tax for each fiscal year shall by $74.44
per single-family residential dwelling unit, $53.83 per multi-family residential dwelling unit,
$148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in
a non-residential zone, $446.64 per acre of non-residential improved property, and $37.22 per
acre for agricultural uses.
Section 5. The special tax imposed by this ordinance shall be collected in the same
manner, on the same dates, and shall be subject to the same penalties and interest as other
R:/Ords 2003/Ords 0~..._ 1
charges and taxes fixed and collected by the County of Riverside on behalf of the City of
Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a
lien upon the parcel upon which it is levied until it has been paid, and said special tax, together
with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the
City of Temecula by the persons who own the parcel on the date the tax is due.
Section 6. The revenue raised by the special tax imposed by this ordinance shall be
placed in a special fund to be used only for the purposes of operating, maintaining, and
servicing public parks and recreational facilities, recreational and community services programs,
median landscaping, arterial street lights and traffic signals throughout the City of Temecula and
administrative expenses incurred by the City in connection therewith.
Section 7. The City Council, by three (3) affirmative votes, is empowered to establish
the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the
maximum amounts specified in Section 2 of this ordinance, as is required to provide an
adequate level of service in accordance with the purposes set forth in this ordinance.
Section 8. The City Council shall be empowered to amend this ordinance by three (3)
affirmative votes of the members thereof for the purposes of carrying out the general purposes
of this ordinance in order to conform to state law that permits the County Tax Collector, or other
proper official, to collect a special tax such as is levied by this ordinance in conjunction with
County taxes or in order to assign duties pursuant to the ordinance to other officers.
Section 9. No section of this ordinance shall be construed to permit, and the City
Council is expressly prohibited from, increasing the amounts of the special tax imposed by this
ordinance beyond the maximum amounts set forth in this ordinance.
Section 10. A property owner subject to the special tax may appeal the amount of the
special tax to be levied on such property owner's property pursuant to standards and
procedures established by resolution of the City Council.
Section 11. If a property owner subject to the special tax believes that payment of the
special tax during a specific fiscal year would create a hardship for that property owner during
that fiscal year, such property owners may appeal the levy by filing a hardship appeal pursuant
to standards and procedures established by resolution of the City Council.
Section 12. The special tax imposed by this ordinance shall not be imposed upon a
federal or state governmental agency or another local governmental agency or upon any parcel
of property that is exempt from the special tax imposed by this ordinance pursuant to any
provision of the Constitution or any paramount law.
Section 13. If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any other provision or applications, and to this end
the provisions of this ordinance are declared to be severable. The City Council, and the
electorate by referendum, do hereby declare that they would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the
fact that any one or more sections, subsections, clauses, phrases, pads or portions thereof, be
declared invalid or unconstitutional.
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Section 14. This ordinance, or any provisions thereof other than those provisions, if
any, which provide for modification by the City Council of the City of Temecula, may only be
amended or repealed by approval of two-thirds (2/3) of the voters voting on the ordinance or
provisions thereof at any initiative or referendum election.
Section 15. This ordinance shall be referred to, and shall be effective only if approved
by two-thirds (2/3) of, the electorate residing within the Redhawk Annexation Area to be
annexed to the City of Temecula as part of the reorganization designated as LAFCO 2003-26-3
voting at an election to be held on March 2, 2004. This ordinance shall go into effect ten (10)
days after the City Council has, by resolution, declared that this ordinance was approved by
two-thirds (2/3) of the voters voting therein, and the tax levied by this ordinance shall be
imposed commencing with the 2005-06 fiscal year. As an ordinance relating to taxes for the
usual and current expenses of the City and as an ordinance subject to the two-thirds (2/3) voter
approval, this ordinance may be adopted on its first reading and without the 30 day waiting
period as a tax ordinance and an urgency ordinance for the reasons set forth above pursuant to
Government Code Sections 36934 and 36937.
Section 16. The City Clerk shall certify to the passage and adoption of this ordinance
and shall cause same to be published as required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this
16th day of December, 2003.
Jeffrey E. Stone, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that the forgoing Ordinance No. 03- was duly introduced and placed upon its first reading at a
regular meeting of the City Council ~'~ the 25th day of November, 2003, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 16th day of December, 2003 by the following roll call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, CMC
City Cle~
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E~chibit B
RESOLUTION NO. CSD 03-21
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
SERVICE LEVEL B (RESIDENTIAL STREET LIGHTS) RATES
AND CHARGES WITHIN THE REDHAWK ANNEXATION AREA
TO BE ANNEXED TO THE TEMECULA COMMUNITY
SERVICES DISTRICT AS PART OF THE REORGANIZATION
DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY
FORMATION COMMISSION AS LAFCO 2003-26-3 SUBJECT
TO TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN
THE REDHAWK ANNEXATION AREA
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS
FOLLOWS:
Section 1. Upon incorporation of the City of Temecula, effective December 1,
1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to
provide specified services to properties within its jurisdiction.
Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the
TCSD has prescribed, revised and collected rates and charges for services furnished by it, and
has elected to have these rates and charges collected on the tax roll in the same manner, by
the same persons, and at the same time as, together with and not separately from, property
taxes collected within the TCSD in the manner prescribed by Government Code Sections
61765.2 to 61765.6, inclusive.
Section 3. By its Resolution No. 53-03, the Riverside County Local Agency
Formation Commission ordered the reorganization designated as LAFCO 2003-26-02, a
reorganization to include annexation of Redhawk to the City of Temecula and the Temecula
Community Services Distdct and concurrent detachment from County Service Areas 143 and
152 and the Riverside County Waste Resources Management District ("Redhawk Annexation").
The Redhawk Annexation specifies the area to be annexed to the City of Temecula and the
Temecula Community Services District, which area includes the Redhawk Specific Plan Area
("Redhawk Annexation Area"). Such reorganization is subject to two-thirds (2/3) voter approval
by the residents of the annexed area of rates and charges against parcels within that area for
street lighting and slope maintenance provided by the TCSD to those parcels within the
Redhawk Annexatior} Area.
Section 4. On November 25, 2003, a public headng was conducted on the
proposed rates and charges and the authorization to impose the rates and charges in the
Redhawk Annexation Area. At the public headng, all oral and written objections and comments
by any interested person concerning the proposed rates and charges were heard and
considered.
Section 5. The Board of Directors hereby finds and determines that, based on
the information set forth in the administrative record of the November 25, 2003 public hearing,
the rates and charges to be imposed do not exceed the reasonable cost of the services to be
provided to the affected parcels by the TCSD for fiscal year 2004-05. The Board of Directors
will hold additional public hearings in January 2004 and June 2005 for the purpose of formally
R:/TCSD Resos 2003/TCSD 03-21 1
reviewing the rates and charges pdor to their implementation on July 1, 2005. The Rates and
Charges will not be imposed unless they are approved by a two-thirds vote of the voters voting
on the matter in an election on March 2, 2004.
Section 6. The Board of Directors hereby adopts the following rates and
charges for fiscal year 2004-05 for the services to be provided by the TCSD for fiscal year
2004-05 subject to two-thirds voter approval: Service Level B - Residential Street Liqht,~.
$25.68 per improved residential lot for parcels in the Redhawk Annexation Area.
Section 7. When approved by two-thirds of the voters voting within the
Redhawk Annexation Area, this Resolution shall constitute the voter approval authorizing the
imposition of the rates and charges in the Redhawk Annexation Area pursuant to Article XIII D if
the California Constitution and applicable law. When so approved, this Resolution shall also
authorize the Board of Directors to adjust the rates and charges and the collection procedures
for the rates and charges each year in accordance with and pursuant to the public hearing
procedures and other applicable procedures set forth in California law. Prior to the
implementation of the rates and charges specifically set forth in Section 6 of this Resolution on
July 1, 2005, the Board of Directors is hereby authorized to reduce said rates and charges to
the extent required by law following further public hearings on the rates and charges in January
2003 and June 2005. Such hearings shall be noticed and conducted in accordance with
applicable California law.
Section 8. The TCSD shall prescribe, revise and collect such rates and
charges pursuant to Government Code Sections 61621 and 61621.2. The TCSD shall collect
such rates and charges at the same time and in the same manner and by the same persons as,
together with and not separately from, the property taxes collected within the TCSD. These
rates and charges shall be delinquent at the same time and thereafter be subject to the same
delinquency penalties as such property taxes. All laws applicable to the levy, collection, and
enforcement of property taxes, including, but not limited to, those pertaining to the matters of
delinquency, correction, cancellation, refund and redemption, are applicable to these rates and
charges, except for California Revenue and Taxation Code Section 4831. However, if for the
first year the charge is levied, the real property to which the charge relates has been transferred
or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value
has been created and attaches thereon, prior to the date on which the first installment of such
taxes appear on the roll, then the charge shall not result in a lien against the property, but
instead shall be transferred to the unsecured roll for collection.
Section 8. If a property owner subject to these rates and charges questions the
classification of the owner's property for fiscal year 2005-06, or claims that an error has been
made with respect to the implementation of the rates and charges or the application of the rates
and charges to the owner's property for that fiscal year, such property owner must appeal the
levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2005,
pursuant to procedures established by the TCSD, in order to be considered under the appeal of
classification or correction of errors program.
Section 9. If a property owner subject to these rates and charges believes that
payment of the rates and charges for fiscal year 2005-06 would create a hardship for that
property owner dudng that fiscal year, such property owner must appeal the levy by filing a
hardship appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2005,
pursuant to procedures established by the TCSD, in order to be considered under the hardship
appeal program.
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Section 10. Pursuant to the California Environmental Quality Act (CEQA), the
levy and collection of these rates and charges is exempt from CEQA pursuant to Public
Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines
because the rates and charges are necessary to maintain existing improvements within the
TCSD. Additionally, both the City Council and the Riverside County Local Agency Formation
Commission have duly considered the environmental impacts of the proposed Redhawk
Annexation and each have adopted a Negative Declaration indicating that all adverse
environmental impacts from the Redhawk Annexation have been mitigated.
Section 11. The Secretary of the TCSD shall certify to the adoption of this
Resolution.
Section 12. The rates and charges adopted by this resolution shall take effect
on July 1, 2005 only if they are approved by a two-thirds (2/3) vote of the electorate within the
Redhawk Annexation Area voting at an election to be held on March 2, 2004, in accordance
with the requirements of California Constitution Article XIII D.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula
Community Services District this 25th day of November, 2003.
-"/~' "~ Jeff Comerchero
~/ President
A'i-I'EST:
[SEAL]
R:/TCSD Resos 2003?rCSD 03-21 3
STATE OF CALIFORNIA )
COUNTYOF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, Secretary for the Temecula Community Services District, do
hereby certify that foregoing Resolution No. CSD 03-21 was duly and regularly adopted by the
Board of Directors of the Temecula Community Services Distdct at a regular meeting thereof
held this 25th day of November, 2003, by the following vote:
AYES: 5 DIRECTORS:
NOES: 0 DIRECTORS:
ABSENT: 0 DIRECTORS:
ABSTAIN: 0 DIRECTORS:
Naggar, Roberts, Stone, Washington, Comerchero
None
None
None
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