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HomeMy WebLinkAbout072490 TCSD Minutes MINUTES OF A REGULAR MEETING OF TEMECULA COMMUNITY SERVICES DISTRICT HELD JULY 24, 1990 A regular meeting of the Temecula Community Services District was called to order at 8:20 PM., President Birdsall presiding. PRESENT: 5 DIRECTORS: Lindemans, Parks Birdsall ABSENT: 0 DIRECTORS: None Moore, Mufioz, Also present were City Manager David F. Dixon, City Attorney Scott F. Field and June S. Greek, Deputy City Clerk. CSD BUSINESS 1. Minutes It was moved by Director Parks, seconded by Director Moore to approved the minutes of July 10, 1990 as corrected. The motion was carried by the following vote: AYES: 5 DIRECTORS: Lindemans, Moore, Mufioz, Parks, Birdsall NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None Temec-la Community Services Rates and Charges President Birdsall asked if all notices have been posted as required by law. Deputy City Clerk June Greek stated notice has been published and posted in four places as well as mailed to all property owners. President Birdsall stated all citizens will have an opportunity to ask questions and voice their opinion. She explained the manner in which this would occur. Staff will first give an explanation of the assessment district, a break will then 4\CSDMIN\072490 - 1 - 11/05/96 CSD MINUTRS July 24, 1990 be given to allow citizens to fill out "request to speak" forms, and everyone desiring to speak would be heard. City Attorney Fields explained that State Law establishes certain procedures for parks and recreation fees and charges. He stated mailed notices must be sent and a public hearing held. Tonight is the time for the public hearing in which all interested persons will have the opportunity to speak. Mr. Fields stated that the County has established similar rates and charges, however they did not have a requirement to give property owners notice, or hold a public hearing to give citizens an opportunity to be heard. Bill Holley, Parks and Recreation Consultant, stated this has been a process, developed over a number of months, to help create a parks and recreation program and to maintain previously provided services. He reported the Temecula Community Services District was voted upon at the time of incorporation November 7, 1989 and officially began on December 1, 1989. He stated the purpose of the District is to assume the duties and responsibilities previously provided by County of Riverside through various County Service Areas (CSA's). Mr. Holley explained the TCSD service program proposed for fiscal 1990-91 is in two parts. First, a City-wide program, generally described as a Parks, Recreation and Community Services program, in which all property owners in the City are assessed; and second, a Zone-of-Benefit program, whereby parcel owners within a Zone-of Benefit are charged for services received, such as slope maintenance and/or street lighting. He explained the charges were determined by spreading the proposed budget of $1,564,838 among 9,868 parcels of varying sizes and land uses. He explained this budget would provide for the development of a comprehensive Master Plan for Parks and Recreation facilities for the City; the operation and maintenance of public parks and recreation programs, capital improvements within public park and recreation facilities; and the administration of these services. Mr. Holley emphasized that the zone charges are a direct continuation of previously existing programs by the County of Riverside, (CSA). City Attorney Fields indicated that a number of citizens have contacted the City 4\CSDMIN\072490 -2- 11/05/96 CSD MINUTRS July 24, 1990 indicating their property was not classified correctly, and these will be corrected. He stated citizens may wish to fill out an appeal form, available in the back of the room, to voice such complaints. He also stated citizens will have up to 30 days after taxes are due to file an appeal. He stated the various classifications for appeal· They are as follows: Misclassification this is for properties with improper land use classifications, for example zoned commercial instead of residential. Hardship - this classification covers persons on fixed incomes who are unable to pay charges and provide the necessities of life· The charges in this case may be deferred. RECESS President Birdsall called a recess at 8:50 PM to allow citizens to submit a request to speak form to the City Clerk. The meeting was reconvened at 9:10 PM. President Birdsall reminded speakers to limit their comments to three minutes. She stated those speaking in opposition would go first, following by those speaking in favor. Marsha Slavin, 30110 La Primavera, representing Lake Village Community Association, spoke in opposition to the assessment for the common park areas owned by the association. She stated these areas are completely maintained by the association and should not be further assessed. She stated this property was zoned commercial/industrial and it is not commercial. It does not fall into any of the land use categories correctly. President Birdsall suggested filing an appeal on behalf of all members of the association. Steve Corona, 29926 Corte Tolono, stated he owns a 20 acre parcel where he operates an onion packing house, and a small fruit stand. He requested this property not be assessed since he feels no benefit from parks will be gained by his property. Vern McCarty, 29753 Via Chacras, stated the zone assessment for his area has increased 255 percent above actual cost. He questioned how this assessment is determined· He asked if each project is truthfully analyzed and assessed· City Manager Dixon requested Mr. McCarty fill out an appeal and the zone 4\CSDMIN\072490 -3- 11/05/96 CSD MINUTRS July 24, 1990 assessments would be investigated. Director Parks pointed out that on previously tax bills if citizens received a charge for CSA-143, CSA-103 or CSA-75, those charges will not appear separately on the 1990-91 property tax bill. Only a TCSD charge will appear, which will include the zone change and the district change. John Dedovesh, 39450 Long Ridge Drive, asked since CSA has already collected for trash pick-up, how will the refund be handled? Second, he stated he did not feel that any portion of CSD assessment should be used for Sports Park lighting until there are sufficient parks on the other side of the City. Bob Pipher, 41825 Green Tree Road, stated he did not like the size of the assessment and had two concerns. One, the City does not have sufficient parks spread throughout the City and two, additional Sports Park lights would be very disturbing to adjoining properties. David Michael, 30300 Churchill Ct, asked several questions as follows: 1. Since, the County of Riverside was responsible for the collection of monies or land from developers and the Council hired a consultant to help in locating these assets for Temecula, what has been accomplished to date? 2. What inquiries have been made by the City Council, the County Supervisor or press as to what monies and/or lands have been collected County-wide from any developer in the last three years? Has any developer been contacted? 3. Has the District Attorney been questioned regarding an investigation into possible corruption on the part of developers, county employees or elected officials if no monies were collected? 4. Have the people responsible for collecting fees and/or lands from developers been reprimanded or terminated for this failure? He stated there are two members of the Board of Supervisors who represent Temecula and it appears they lacked personal involvement in protecting the interest of property owners prior to the area becoming a city. This would include police and fire protection, traffic safety and adequate schools and parks. He asked if any Councilmember or the press has asked these supervisors for answers. If not, the press and Council should demand an accounting of their past performance so it is part of the record. 4\CSDMIN\072490 4-- 11/05/96 CSD MINUTRS July 24, 1990 Hershel Gray, 31130 General Kerney Rd., Manager of Heritage Mobile Home Estates, stated the assessment amount for the mobile home park is based on commercial/industrial when the zoning for the park is R/R. He stated the mobile home park is home to many senior citizens. He stated many amenities are available at the park, for example landscape areas, clubhouse, pool, etc. He said the residents will not be using City parks and should be exempt from assessments. President Birdsall stated the landuse classification is incorrect, and this assessment is to the property owner, not the residents of the mobile home park. Mr. Gray stated that the resident's lease states additional assessments may be passed through to residents. President Birdsall said senior citizens do use the Senior Citizen's facilities in this area. She said a part of the proposed fees will be used to fund the Senior Citizen Center. Director Mu~oz stated this may be a category where those individuals who are on fixed income may file a hardship appeal, and have this assessment deferred. Brian Sampson, 40655 Calle Medusa, raised several questions as follows: 1. Who developed the 1990-91 Budget? Why is park maintenance so high - over $250,000? Is the City looking at alternative contractors to care for the grounds or will it hire City staff. 3. Why does administration and overhead account of 34% of budget. What are the findings of the consultant hired to uncover developers fees paid to the County? What changes are being made to insure more public parks in the future? Most of the parks proposed in the near future are in private master planned communities. ?ones of Benefit The sub zones were created by the County - as conditions change, should zone boundaries be adjusted. What establishes the costs of each zone? Is the work performed by outside contractors? 4\CSDMIN\072490 -5- 11/05/96 CSD MINUTRS 3. 4. 5. July 24, 1990 Why are some areas of the City outside all zones? Why didn't the City's notices identify which zone the property falls into? Shouldn't potential homeowners be made aware that this proposed property is inside a particular zone? Director Parks clarified how the budgets were prepared. He stated the City took information provided by the consultant and CSA-143. The City hired the County to act on behalf of the City until the City can take over this operation. He said if these numbers are incorrect, they will be adjusted next year. Director Mufioz stated that the trash collection fee would be a credit on the tax bill instead of a cash refund. Bill Holley stated that in each of the zones where a refuse charge has been collected, those monies collected will be credited back to the zones of benefit. President Birdsall called a one minute break at 9:41 PM to change the tape. The meeting was resumed at 9:42 PM. Greg LeBlanc, 39843 Amberley Circle, asked the following questions. "What is the highest assessment? .... When will the maintenance begin, and what changes will occur for the money collected?" He asked, "if the assessment fee is likely to increase or will it decrease with the number of people moving into the area? What determines the boundaries for these zones? If the money allocated for maintenance was not spent, will this money be rolled over to next year's budget, or will it be absorbed into the City budget for other purposes?" President Birdsall stated that the CSD budget is separate from the City budget and the two do not intermingle. Edward Doran, 39985 Stamos Court, asked if the City has adopted a Quimby Ordinance? He asked what progress has been made by the consultant hired to look into these fees. He asked if the reported 120 acres of park lands exist, or if fees were collected. Mr. Doran asked why there is no provision in this plan for acquisition of parks. He asked if a developer providing a private park for the residents of his development satisfy Quimby. He stated this City needs neighborhood parks as well as Sports Park. 4\CSDMIN\072490 -6- 11/05/96 CSD MINUTR$ July 24, 1990 President Birdsall stated $2,000,000 is available for acquisition of land through a Mello Roos District. For this reason, the budget was not increased to include acquisition. She stated the City does not have the report from Consultant John McTighe at this point, but it is forthcoming. Mr. Doran asked that if a Parks Director, at an annual salary of $66,000/year is to be hired, a resident of Temecula be chosen for the position. Director Mufioz stated that the City has adopted the County Quimby Ordinance. He said that as of July 1, 1990, the City has been collecting these fees. Director Parks reported that a jurisdiction must have a master plan for parks before Quimby Fees can be collected. He said CSA-143 failed to establish a master plan, so the County Planning Department did not collect these fees. They did require developers to develop parks within some sub-divisions as part of the specific plans, but no fees or land under the Quimby Act were collected. Mr. Holley stated that as of last month, no dollars were collected under the Quimby Ordinance. Doug BIois, 30350 Tradewater, asked that lights not be installed in the Sports Park, but instead neighborhood parks should be built. He stated these lights would mainly benefit adult sports. President Birdsall stated the fields would be lighted to provide an opportunity for adult use at night, freeing the park for the children during the day. Director Lindemans stated the Little League is one of the main groups asking that the Sports Park be lighted. Richard L. Busenkell, 30946 Shaba Circle, representing Wolf Valley Homeowners Association, addressed the riparian land the homeowners association holds in common. He stated no walls surround this area so everyone is free to enjoy this area. He asked this be excluded from tax roles, as it benefits the community as open space and can never be developed to generate income. Bob Altshaler, 7173 El Poste Drive, Buena Park, asked that when assessments are levied in the future the assessment be coded so the property owner knows exactly what categories they fall into. He asked how the costs per acre calculated? He also asked if the budget parks and recreation would be on target. 4\CSDMIN\072490 -7- 11/05/96 CSD MINUTR$ July 24, 1990 Director Parks answered a single family residence was established at one dwelling unit, apartments at 3/4 dwelling unit, vacant residential at 2 dwelling units per acre, commercial/industrial is 6 units for developed and 4 units for undeveloped. Mr. Altshaler asked how the basic unit cost ($33.40) was established? Mr. Holley answered the actual cost of the budget was established, then the total amount of acreage or overall amount of units was spread against the total cost. President Birdsall closed public testimony at 10:05 PM. It was moved by Director Lindemans, seconded by Director Mufioz to extend the meeting. The motion was unanimously carried. Director Parks asked staff to respond to citizens who raised questions. City Manager Dixon stated staff will respond to all calls and letters receiver either one on one, or with a written response. He stated some issues can be answered very quickly, others will require a great deal of research. Mr. Dixon asked that those citizens who have concerns put their concerns in the appeal forms available at the back of the building. He thanked the people who have commented because it will make the process smoother next year. Director Parks stated there are several policy issues that need to be addressed, i.e. homeowner association lands, golf course properties, agricultural properties. He asked that policy concepts could be brought back next week on the agenda for discussion. Director Mufioz asked if these fees are likely to increase in the future, or would it be safe to state that as more development takes place and are further spread, these fees would not increase to the individual property owner. City Manager Dixon stated there are built in costs that the City does not control, such as power costs, continuing maintenance of slopes, water, etc. These costs will probably go up, however, they will be subject to the bidding process. With respect to the overall City fee, he stated if a real need is presented, the City may need to increase these fees. Director Parks asked if these expenses will be tracked by City employees. City Manager Dixon stated the tracking methods will be very precise. For example, the exact cost for moving the lawns, water, etc. will be tracked. Director Moore moved, Director Mu~oz seconded a motion to close the Public Hearing at 10:12 PM. The motion was unanimously carried. 4\CSDMIN\072490 -8- 11/05/96 CSD MINUTRS July 24, 1990 It was moved by Director Parks, seconded by Director Moore to adopt a resolution entitled: RESOLUTION CSD 90- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR PARK, STREET LIGHTING AND SLOPE MAINTENANCE FOR FISCAL YEAR 1990-91. The motion was carried by the following vote: AYES: 5 DIRECTORS: Lindemans, Moore, Mufioz, Parks, Birdsall NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None CITY MANAGERS REPORT None given. CITY ATTORNEYS REPORT None given. DIRECTORS REPORTS Director Lindemans thanked Mr. Holley for a job well done on an extremely complicated project. City Attorney Fields stated the City does have a Quimby Ordinance in effect. He stated there should not be any problems in the future and land or fees will be collected. ADJOURNMENT It was moved by Director Parks, seconded by Director Moore to adjourn at 10:20 PM to the meeting of July 31, 1990 at 7:00 PM at the Temecula Community Center. 4\CSDMIN\072490 -9- 11/05/96 CSD MINUTRS The motion was carried by the following vote: AYES: 5 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: Jul y Lindemans, Moore, Mufioz, Parks, Birdsall None None ATTEST: Ju_._0~'~S~. Greek, Deputy CEy Clerk [SEAL] 24, !990 Patricia H. Birdsall, President 4\CSDMIN\072490 - 10- 11105/96