HomeMy WebLinkAbout93-05 TCSD ResolutionRESOLUTION NO. CSD 93-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES
FOR COMMUNITY SERVICES, PARKS AND RECREATION, STREET
LIGHTING, SLOPE MAINTENANCE, AND RECYCLING AND REFUSE
COLLECTION SERVICES FOR FISCAL YEAR 1993-1994.
WHEREAS, upon incorporation of the City of Temecula, California (the "City") effective
December 1, 1989, voters also approved the formation of the Temecula Community Services
District ("TCSD"), which has the same area and boundaries as the City and whose Board of
Directors (the "Board") consists of the members of the City Council of the City; and
WHEREAS, the TCSD proposes to continue such rates and charges for community
services and parks, recreation facilities, services and programs, operation, maintenance, service
and administration of street lighting, slope maintenance, and recycling and refuse collection
services (the "Services and/or Facilities") for those areas specifically benefitted thereby and
charges by the county services areas or the TCSD for such services in prior fiscal years; and
WHEREAS, the Board has requested the preparation of a report for Fiscal Year 1993-
1994 containing the proposed rates and charges for filing with the Secretary of the TCSD pursuant
to the Community Services District Law being Division 3 of Title 6 of the Government Code of
the State of California, commencing with Section 61000 (the "Act"); and
WltEREAS, pursuant to Section 61621.2 of the Act, an Engineeft s Report for Collection
for the Fiscal Year 1993/1994 (the "Report") has been presented and filed with the Secretary of
the TCSD which contains a description of the proposed Services and/or Facilities to be provided
and the proposed rates and charges for such Services and/or Facilities, and a description of the
parcels subject to the rates and charges. The Report is based upon a budget adopted by the Board
for the proposed Sexvices and/or Facilities for slx:cific areas where such Services and/or Facilities
are provided, including necessary staff and administrative expenses.
WHEREAS, the Board requested that staff provide mailed notice of the public hearing
regarding these rates and charges to each property owner subject to the rates and charges at least
fourteen (14) days prior to the date set for the public hearing; and
~, notice of the public hearing was mailed and published as required by law and
the affidavits of publication and mailing are on file with the Secretary; and
WHEREAS, at the public hearing conducted on June 22, 1993, as noticed, the TCSD
heard and considered all oral and written protests and comments by any interested person
concerning the proposed rates and charges or the method of their collection; and
Re~os.CSD\ 93-05 1
WttEREAS, at the conclusion of the public hearing, the TCSD modified/confirmed the
rates and charges in the amounts set out on Exhibit 'A' entitled 'Project Summary', attached and
incorporated by this reference, confirmed their collection on the tax roll and approved an appeal
procedure; and
WHEREAS, the TCSD further finds that ba.ved on the Report and budget, the rates and
charges as set out on Exhibit "A" are the reasonable cost of the Services and/or Facilities to be
provided by the TCSD for Fiscal Year 1993-94; and
WItEREAS, the TCSD proposes to collect the rates and charges at the same time, in the
same manner, by the same persons and 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. However, if for the first year the charge is levied, the real
property to which the charge relates ha~ been transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer 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,
or the delinquency in that charge, assessed pursuant to this section shall not result in a lien against
the property, but instead shall be transferred to the unsecured roll for collection;
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. The rates and charges for Fiscal Year 1993/1994 as set out on Exhibit "A" for
the Services and/or Facilities are adopted for Fiscal Year 1993/1994.
Section 2. The TCSD shall collect such rates and charges at the same time, in the same
manner, by the same persons and 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. 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 encumbrancer 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,
or the delinquency in that charge, ~.~ess~ pursuant to this section shall not result in a lien against
the property, but instead shall be transferred to the unsecured roll for collection.
R,~o~.CSD\ 93-05 2
Section 3. If a property owner subject to these rates and charges challenges or questions
the levy of the rates and charges to such property owner's property, such property owner may
appeal the levy by filing an appeal with the TCSD Secretary before 4:30 p.m. on July 1, 1993,
pursuant to procedures established by the TCSD. The appeal period may be extended to
September 1st, provided that the property owner reimburse the City for any County Assessors fees
associated with amending the property tax statement.
Section 4. If a property owner subject to these rates and charges believes that payment of
the rates and charges for fiscal year 1993/1994 would create a hardship for that property owner
during that fiscal year, such property owner may appeal the levy by filing a hardship appeal with
the TCSD Secretary before 4:30 p.m. on July 1, 1993, pursuant to procedures established by the
TCSD. The appeal period may be extended to September 1st, provided that the property owner
reimburse the City for any County Assessors fees associated with amending the property tax
statement.
Section 5. The TCSD Secretary is ordered to transmit or cause to be transmitted to the
County Auditor of the County of Riverside, California (the "County") before August 10, 1993,
the property tax roll with such rates and charges enumexated for each parcel not exempt therefrom;
and the County Auditor of the County is hereby designated, required, empowered, authorized,
instructed, directed and ordered to make collection of all such assessments as shown on that roll
and to perform any and all duties necessary therefor.
Section 6. Pursuant to the California Environmental Quality Act the levy and collection
of these rates and charges is exempt from CEQA pursuant to Section 15273 of the State Guidelines
and the Secretary is instructed to file a Notice of Exemption with the County Clerk.
PASSED, APPROVED AND ADOPTEl), this 22nd day of June, 1993.
ATTEST:
Patricia H. Birdsall, President
Ju~S~. reek~ City Clerk?
Board Secretary
[SE~L]
Resos.CSD\ 93-05 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk/Secretary of the Temecula Community Services District,
HEREBY DO CERTIFY that the foregoing Resolution No. CSD 93-05 was duly adopted at a
regular meeting of the Board of Directors of the Temecula Community Services District on the
22nd day of June, 1993, by the following roll call vote:
AYES: 4 DIRECTORS:
Birdsall, Parks, Roberts, Stone
NOES: 1 DIRECTORS: Mufioz
ABSENT: 0 DIREC'TORS: None
S. Greek,'~lerk,
Board Secretary
Re~os.CSD\ 93-05 4
EXltIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
On April 1, 1993, Municipal Financial Services was retained by the City of Temecula to
prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the
Fiscal Year 1993/1994. Pursuant to the Community Services District Law, Division 3 of Title
6 of the Government Code of the State of California, commencing with Section 61000 e,t_ae~, the
TCSD has the power to levy and collect special assessments in order to carry on its operations and
to provide the services and facilities furnished by it.
The levy and collection of the special assessments is accomplished by the assignment of
benefit to each parcel within a specific service level. A Service Level is a defined area that
provides a specific service, operation and maintenance and/or program to only those parcels
contained within that service level.
The TCSD is currently composed of five (5) city-wide service levels and is proposing one
(1) new service level. The descriptions of the service levels are as follows:
Commnnity Services, Parks and Recreation: Operations, maintenance, and
administration of the City community park systems, recreation facilities, services
and programs.
o
Service Ievel A - Arterial Street lJghtq nnd Medianq. Operations, maintenance,
utility costs, and administration of all arterial street lights, medians, traffic signals,
and city-wide graffiti removal.
Service Level 11 - Residential Street lights. Operations, maintenance, utility
costs and administration of all residential street lights.
~rvice Level C - Perimeter land~c~plng and Slope Maintenance. Operations,
maintenance, utility costs, improvements, and administration for all perimeter
landscaping and slope maintenance areas maintained by the TCSD.
o
Service Level D Recycling, Refi,.~e Collection and Street Sweeping.
Operations, and administration of the recycling and refuse collection program, and
street sweeping services for all single family residential homes.
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Prolmsed ~C~ervice l~vel R. Construction, installation, and maintenance of streets
and roads.
The Financial Analysis contained herein contains each Service Level including with their totals.
Community Services/Parks
Service Level A
Service Level B
Service Level C
Service Level D
Service Level R
TOTAL TCSD LEVY FY 93/94
Service Ievel levy Ru(lget $SFP,
$2,415,360.00 $ 64.20
311,517.00 4.18
191,765.00 30.88
422,801.00 Variable
1,379.730.00 165.00
0.00 0.00
$4,721,173.00
The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year
1993/1994 are as shown on the Assessment Roll on file with the City Clerk.
Resos. CSD\ 93-05 6