HomeMy WebLinkAbout04-11 TCSD Resolution
I
I
I
RESOLUTION NO. CSD 04-11
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ORDERING,
CALLING AND GIVING NOTICE OF AN ELECTION TO BE
HELD ON NOVEMBER 3, 2004 REGARDING SERVICE LEVEL
B AND SERVICE LEVEL C RATES AND CHARGES FOR
TRACT MAP NOS. 26828-1, -2 AND FINAL IN ORDER TO
ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C
RATES AND CHARGES BEGINNING FISCAL YEAR 2005-2006
PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE
CALIFORNIA CONSTITUTION
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. Pursuant to Government Code Section 61621.2, the TCSD caused a
written report ("Report") to be prepared and filed by the Secretary of the TCSD, which Report
contains a description of each parcel of real property within Tract Map Nos. 26828-1, -2 and
Final and the proposed amount of the rates and charges against each parcel for fiscal year
2005-2006. The Report containing the proposed rates and charges is attached hereto as
Exhibit A, entitled "Project Summary," and incorporated herein by this reference. A copy of the
Report is on file in the office of the Secretary of the TCSD, and is available for public inspection.
Section 4. By previous resolution, the Board of Directors acknowledged the filing of
the Report, and appointed a time and place for a public hearing on the Report and the proposed
rates and charges. Notice of the public hearing was mailed and published as required by law
and affidavits of publication and mailing are on file with the Secretary of the TCSD.
Section 5. On September 14, 2004, the Board of Directors conducted a public
hearing on the Report and the proposed rates and charges. At the public hearing, the Board of
Directors heard and considered all oral and written objections, protests and comments by any
interested person concerning the Report, the proposed rates and charges, and the method of
collection of such rates and charges.
R:/CSD Resos 2004/CSD 04-11
I
I
I
Section 6. The Board of Directors hereby finds and determines that, based on the
Report and the District budget, the rates and charges as set out on Exhibit A do not exceed the
reasonable cost of the services to be provided by the TCSD within Tract Map Nos. 26828-1, -2
and Final for fiscal year 2005-2006.
Section 7. The Board of Directors hereby finds and determines that written protests
have not been filed by a majority of owners of identified parcels. The Board of Directors hereby
overrules any and all objections and protests and adopts the rates and charges for fiscal year
2005-2006 as set out on Exhibit A for the services to be provided by the TCSD for fiscal year
2005-2006.
Section 8. 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 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
shall not result in a lien against the property, but instead shall be transferred to the unsecured
roll for collection.
Section 9. If a property owner subject to these rates and charges questions the
classification of the owner's property for fiscal year 2005-2006, 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 10. If a property owner subject to these rates and charges believes that
payment of the rates and charges for fiscal year 2005-2006 would create a hardship for that
property owner during 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.
Section 11. The Secretary of the TCSD is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August 10, 2005
the Report and the property tax roll with such rates and charges enumerated for each parcel not
exempt there from; and the County Auditor is hereby designated, required, empowered,
authorized, instructed, directed and ordered to make collection of all such rates and charges as
shown on that roll and to perform any and all duties necessary therefore.
R:/CSD Resos 20O4/CSD 04-11
I
Section 12. 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.
Section 13.
The Secretary of the TCSD shall certify to the adoption of this Resolution.
Section 14. The Service Level B and Service Level C rates and charges adopted by
this resolution shall take effect only if they are approved by a majority of the property owners of
the property subject to the rates and charges voting at an election to be held on November 3,
2004. The Board of Directors hereby calls said election and orders that said election be
conducted as a mail ballot election pursuant to the requirements of Article XIIID, Section 6 of the
California State Constitution.
Section 15. The notice and ballot to be submitted to the property owners shall be
substantially in the form attached as Exhibit B and incorporated herein by reference.
Section 16. The Board of Directors hereby approves the Procedures for the
Completion, Return and Tabulation of Ballots ("Ballot Procedures") presented to the Board at
this meeting and directs such procedures be placed on file in the office of the Secretary of the
Temecula Community Services District and open to public inspection.
I
Section 17. All ballots must be received by the Secretary of the Temecula Community
Services District no later than 1 :30 p.m. on November 3, 2004. In all particulars not recited in
this Resolution, the election shall be held and conducted as provided in the Ballot Procedures.
Section 18. The Secretary of the Temecula Community Services District is hereby
authorized to canvass the returns of the election. The officers and staff of the Temecula
Community Services District are hereby authorized and directed to take such further action as
may be necessary òr appropriate in preparing for and conducting the election.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula
Comm"";~ SeNiœ, D;,~ct Ih;, 14" d'Y of S.plem"., (:2
, President
ATTÈST:
I
R:/CSD Resas 2004/CSD 04-11
I
I
I
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
ss
I, Susan W. Jones, CMC, City Clerk/District Secretary, HEREBY CERTIFY that the
foregoing Resolution No. CSD 04-11 was duly adopted by the Board of Directors of the
Temecula Community Services District at the regular meeting thereof, held on the 14th day of
September, 2004, by the following vote of the Board of Directors.
DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
R:/CSD Resos 2004/CSD 04-11
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
I
I
I
Exhibit A
Exhibit B
Notice and Ballot
R:/CSD Resos 20O4/CSD 04-11
I
Exhibit A
PROJECT SUMMARY
CITY OF TEMECULA
TRACT MAP NO. 26828-1, -2 and Final
I
INITIAL LEVY REPORT
Service Levels B, C and D
Temecula Community Services District (TCSD)
Commencing Fiscal Year 2005-2006
INTENT MEETING:
PUBLIC HEARING:
July 13, 2004
September 14, 2004
I
I
I
I
INTRODUCTION:
A. The TCSD
Since December 1, 1989, the Temecula Community Services District ("TCSD") has
provided residential street lighting, perimeters landscaping and slope maintenance, refuse
and recycling collection and other services to properties within its jurisdiction. The
boundary of the TCSD is coterminous with the boundary of the City ofTemecula ("City").
To fund its services and maintain improvements within its boundaries, the TCSD collects
rates and charges ("Charges"). The TCSD was formed, and Charges are set and
established, pursuant to the Community Services District Law, Title 6, Division 3 of the
California Government Code.
Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed,
revised and collected rates and charges for residential street lighting (Service Level B),
perimeter landscaping and slope maintenance (Service Level C), refuse/recycling
collection (Service Level D), and road improvement and maintenance (Service Level R)
services furnished by the TCSD, 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, its general taxes in the manner prescribed by Government
Code Sections 61765.2 to 61765.6, inclusive. As required by these sections of the
Government Code, the TCSD Board approves an Annual Levy Report each year
describing the proposed rates and charges for that year.
B. This Report
This Initial Levy Report ("Report") is prepared and presented to the Board pursuant to
Section 61621.2 of the Government Code to prescribe Rates and Charges beginning in FY
2005-2006 for the parcels and territory identified as Tract Map Nos. 26828-1, -2 and
Final.
The territory identified and described in this Report includes all parcels within the Tract
Map Nos. 26828-1, -2 and Final, a future residential subdivision that consists of35.5 gross
acres of vacant property located to the north of Nicolas Road and west of Seraphina Road,
with 130 planned residential units. The owner of record (sole property owner) has
requested that the TCSD establish the parcel charges necessary to provide ongoing
revenue for residential street lighting, perimeter landscaping and slope maintenance, and
refuse/recycling collection services within this future residential subdivision.
I
I
I
PLANS AND SPECIFICATIONS
A.
Period Covered By Report
This Report describes rates and charges to be imposed for Fiscal Year 2005-2006. The
expectation of the TCSD is that these rates and charges will continue to be imposed on an
annual basis thereafter in connection with the TCSD's annual rate and charge levy
proceedings.
B.
Parcels Affected By This Report
The rates and charges set forth in this Report shall affect all parcels included on Tract Map
Nos. 26828-1, -2 and Final, recorded as follows:
26828-1
26828-2
26828
Book 318
Book 319
Book 319
Pages 97-100
Pages 1-4
Pages 5-9
Document # 2002-247817
Document # 2002-247842
Document #2002-247844
C.
Description of Service Levels
The proposed services to be provided to parcels within Tract Map Nos. 26828-1, -2 and
Final include: residential street lighting; perimeter landscaping and slope maintenance;
and refuse/recycling collection.
Service Level B, Residential Street Lighting - includes all developed single famìly
residential parcels and residential vacant parcels for which the TCSD provides on-going
servicing, operation, and maintenance of local street lighting improvements. The rate and
charge for Service Level B for Tract Map Nos. 26828-1, -2 and Final for Service Level B
is 25.68 per year which will generate annual revenue of$3,338.40.
Service Level C, Perimeter Landscaping and Slope Maintenance - includes all developed
single family residential parcels and residential vacant parcels for which the TCSD
provides on-going servicing, operation, and maintenance of perimeter landscaped areas
and slopes within the public right-of-ways and dedicated easements adjacent to and
associated with each development. The landscaped areas associated with this particular
development include, but are not limited to, perimeter slope and landscaping, as follows:
Within Tract 26828-1, the area behind the rear walls of the residential lots 18 through 35
to and including the Seraphina Road and Rita Way right of way.
Within Tract 26828-2 the area behind residential lots 1 and 2 rear wall to the project
boundary at Joseph Road. Also within Tract Map No. 26828-2 the area behind the rear .
walls on the east side oflots 24 and 25 to and including Seraphina Road right of way.
Within Tract 26828, the area behind the rear walls on the east side of lots 20, 21, 32, 33,
44 and 45 to and including the Seraphina Road right of way.
The cost of providing these services for these areas of slopes and landscaping is estimated
to be $9,100.00 per year.
I
I
I
Service Level D, Refuse and Recycling Services - provides for the operation and
administration of the refuse/recycling collection program including street sweeping
services for all single-family residential homes within the TCSD. The current cost of
providing these services to single family residential homes for Fiscal Year 2004-2005 is
$180.70 per year. This rate will be adjusted on an annual basis as per a contractual
agreement between the City and CR&R, Inc the City of Temecula's franchised hauler. As
per this agreement change to the rate are based on the previous year's CPI and Riverside
County Waste Management's tipping fee rate at the County landfills. Thus, the cost of
providing this service to the 130 parcels that will be identified as developed with a
residential home within Tract Map Nos. 26828-1, -2 and Final, based on FY 2004-2005
rate would be $23,491.00 per year.
METHOD OF APPORTIONMENT
The cost to provide services within Tract Map Nos. 26828-1, -2 and Final will be fairly
distributed among each assessable property by the same methods and formulas applied to
all parcels within the various Service Levels of the TCSD.
The following is the formula used to calculate each property's TCSD charges and is
applied to Service Level B (Residential Street Lighting); Service Level C (Perimeter
Landscaping and Slope Maintenance); and Service Level D (Refuse/Recycling
Collection):
Total Balance to Levy/Total Parcels (in Service Level) = Parcel Charge
The following table reflects the levy calculation for each Service Level.
TABLE I
Proposed Service Level Charges
For Tract Map No. 26828-1, -2 and Final
Estimated Budget and Charges for Fiscal Year 2005-2006
SERVICE LEVEL Total Levy Planned Charge Per
Budget Levy Units Levv Unit
Service Level B:
Residential Street Lighting $3,338.40 130 $25.68
Service Level C:
Local Landscaping and
Slopes $9,100.00 130 $70.00
Rate Level #5 (C-5)
Service Level D: $23,491.00 130 $180.70*
Refuse/recycling Collection
*Based ofFY 2004-2005 rate.
I
The following tables (Table II through IV) show the methodology used to compute the
levy for each parcel affected by this Report.
TABLE II
Parcel Charge Calculation for
Service Level B
A charge is imposed on all residential parcels developed or undeveloped. Parks, open
space areas, easements and non-buildable parcels are not charged.
TABLE III
Parcel Charge Calculation for
Service Level C
I
e
residential
vacant
Parcel
Char e
$70.00
$70.00
A charge is imposed on all residential parcels developed or undeveloped. Parks, open
space areas, easements and non-buildable parcels are not charged.
TABLE IV
Parcel Charge Calculation for
Service Level D
This charge is imposed only on developed single-family residential parcels (with a
residential home). This rate is for FY 2004-2005 and will change for FY 2005-2006.
I
I
I
I
APPENDIX A - PARCEL LISTING (FY 2005-2006)
The actual parcels subject to rates and charges for Service Level B, Service Level C and
Service Level D beginIÙng Fiscal Year 2005-2006 shall be those parcels within Tract Map
Nos. 26828-1, -2 and Final identified on the Riverside County Secured Roll at the time all
TCSD rates and charges are submitted to the County Auditor/Controller for inclusion on
the tax roll for that fiscal year.
The rates and method of apportionment outlined in this Report are consistent with the
rates and methods previously approved by the TCSD Board of Directors for each
applicable Service Level contained herein. However, all rates and methods described in
this Report are subject to revision and modification within the prescribed parameters of
the law. The actual rates and charges applied on the tax roll each fiscal year shall be
apportioned and submitted according to the rates and method described in the final TCSD
Annual Levy Report presented and approved by the Board of Directors at an annual Public
Hearing.
The following pages encompass a complete listing of all parcels within Tract Map Nos.
26828-1, -2 and Final subject to the TCSD Service Level B, Service Level C and Service
Level D rates and charges beginIÙng Fiscal Year 2005-2006. This listing shows the rate
and charge that will be charged to each parcel based on development with a single family
residential unit. The rates and charges applied to each newly subdivided residential parcel
will reflect the services provided and the development of each respective parcel at the time
the rates and charges are applied.
I
Fiscal Year 2005-2006
Rates and Charges
I
Tract 26828-1
Lot No. Svc Level B Svc Level C Svc Level D Total
1 $25.68 $70.00 $180.70 $276.38
2 $25.68 $70.00 $180.70 $276.38
3 $25.68 $70.00 $180.70 $276.38
4 $25.68 $70.00 $180.70 $276.38
5 $25.68 $70.00 $180.70 $276.38
6 $25.68 $70.00 $180.70 $276.38
7 $25.68 $70.00 $180.70 $276.38
8 $25.68 $70.00 $180.70 $276.38
9 $25.68 $70.00 $180.70 $276.38
10 $25.68 $70.00 $180.70 $276.38
11 $25.68 $70.00 $180.70 $276.38
12 $25.68 $70.00 $180.70 $276.38
13 $25.68 $70.00 $180.70 $276.38
14 $25.68 $70.00 $180.70 $276.38
15 $25.68 $70.00 $180.70 $276.38
16 $25.68 $70.00 $180.70 $276.38
17 $25.68 $70.00 $180.70 $276.38
18 $25.68 $70.00 $180.70 $276.38
19 $25.68 $70.00 $180.70 $276.38
20 $25.68 $70.00 $180.70 $276.38
21 $25.68 $70.00 $180.70 $276.38
22 $25.68 $70.00 $180.70 $276.38
23 $25.68 $70.00 $180.70 $276.38
24 $25.68 $70.00 $180.70 $276.38
25 $25.68 $70.00 $180.70 $276.38
26 $25.68 $70.00 $180.70 $276.38
27 $25.68 $70.00 $180.70 $276.38
28 $25.68 $70.00 $180.70 $276.38
29 $25.68 $70.00 $180.70 $276.38
30 $25.68 $70.00 $180.70 $276.38
31 $25.68 $70.00 $180.70 $276.38
32 $25.68 $70.00 $180.70 $276.38
33 $25.68 $70.00 $180.70 $276.38
34 $25.68 $70.00 $180.70 $276.38
35 $25.68 $70.00 $180.70 $276.38
Tract Total $898.80 $2,450.00 $6,324.50 $9,673.30
I
I
Tract 26828-2
Lot No. Svc Level B Svc Level C Svc Level D Total
1 $25.68 $70.00 $180.70 $276.38
2 $25.68 $70.00 $180.70 $276.38
3 . $25.68 $70.00 $180.70 $276.38
4 $25.68 $70.00 $180.70 $276.38
5 $25.68 $70.00 $180.70 $276.38
6 $25.68 $70.00 $180.70 $276.38
7 $25.68 $70.00 $180.70 $276.38
8 $25.68 $70.00 $180.70 $276.38
9 $25.68 $70.00 $180.70 $276.38
10 $25.68 $70.00 $180.70 $276.38
11 $25.68 $70.00 $180.70 $276.38
12 $25.68 $70.00 $180.70 $276.38
13 $25.68 $70.00 $180.70 $276.38
14 $25.68 $70.00 $180.70 $276.38
15 $25.68 $70.00 $180.70 $276.38
16 $25.68 $70.00 $180.70 $276.38
17 $25.68 $70.00 $180.70 $276.38
18 $25.68 $70.00 $180.70 $276.38
19 $25.68 $70.00 $180.70 $276.38
20 $25.68 $70.00 $180.70 $276.38
21 $25.68 $70.00 $180.70 $276.38
22 $25.68 $70.00 $180.70 $276.38
23 $25.68 $70.00 $180.70 $276.38
24 $25.68 $70.00 $180.70 $276.38
25 $25.68 $70.00 $180.70 $276.38
26 $25.68 $70.00 $180.70 $276.38
27 $25.68 $70.00 $180.70 $276.38
28 $25.68 $70.00 $180.70 $276.38
29 $25.68 $70.00 $180.70 $276.38
30 $25.68 $70.00 $180.70 $276.38
31 $25.68 $70.00 $180.70 $276.38
32 $25.68 $70.00 $180.70 $276.38
33 $25.68 $70.00 $180.70 $276.38
34 $25.68 $70.00 $180.70 $276.38
35 $25.68. $70.00 $180.70 $276.38
36 $25.68 $70.00 $180.70 $276.38
37 $25.68 $70.00 $180.70 $276.38
38 $25.68 $70.00 $180.70 $276.38
39 $25.68 $70.00 $180.70 $276.38
40 $25.68 $70.00 $180.70 $276.38
41 $25.68 $70.00 $180.70 $276.38
42 $25.68 $70.00 $180.70 $276.38
43 $25.68 $70.00 $180.70 $276.38
44 $25.68 $70.00 $180.70 $276.38
45 $25.68 $70.00 $180.70 $276.38
Tract Total $1,155.60 $3.150.00 $8,131.50 $12,437.10
I
I
I
Tract 26828
Lot No. Svc Level B Svc Level C Svc Level D Total
1 $25.68 $70.00 $180.70 $276.38
2 $25.68 $70.00 $180.70 $276.38
3 $25.68 $70.00 $180.70 $276.38
4 $25.68 $70.00 $180.70 $276.38
5 $25.68 $70.00 $180.70 $276.38
6 $25.68 $70.00 $180.70 $276.38
7 $25.68 $70.00 $180.70 $276.38
8 $25.68 $70.00 $180.70 $276.38
9 $25.68 $70.00 $180.70 $276.38
10 $25.68 $70.00 $180.70 $276.38
11 $25.68 $70.00 $180.70 $276.38
12 $25.68 $70.00 $180.70 $276.38
13 $25.68 $70.00 $180.70 $276.38
14 $25.68 $70.00 $180.70 $276.38
15 $25.68 $70.00 $180.70 $276.38
16 $25.68 $70.00 $180.70 $276.38
17 $25.68 $70.00 $180.70 $276.38
18 $25.68 $70.00 $180.70 $276.38
19 $25.68 $70.00 $180.70 $276.38
20 $25.68 $70.00 $180.70 $276.38
21 $25.68 $70.00 $180.70 $276.38
22 $25.68 $70.00 $180.70 $276.38
23 $25.68 $70.00 $180.70 $276.38
24 $25.68 $70.00 $180.70 $276.38
25 $25.68 $70.00 $180.70 $276.38
26 $25.68 $70.00 $180.70 $276.38
27 $25.68 $70.00 $180.70 $276.38
28 $25.68 $70.00 $180.70 $276.38
29 $25.68 $70.00 $180.70 $276.38
30 $25.68 $70.00 $180.70 $276.38
31 $25.68 $70.00 $180.70 $276.38
32 $25.68 $70.00 $180.70 $276.38
33 $25.68 $70.00 $180.70 $276.38
34 $25.68 $70.00 $180.70 $276.38
35 $25.68 $70.00 $180.70 $276.38
36 $25.68 $70.00 $180.70 $276.38
37 $25.68 $70.00 $180.70 $276.38
38 $25.68 $70.00 $180.70 $276.38
39 $25.68 $70.00 $180.70 $276.38
40 $25.68 $70.00 $180.70 $276.38
41 $25.68 $70.00 $180.70 $276.38
42 $25.68 $70.00 $180.70 $276.38
43 $25.68 $70.00 $180.70 $276.38
44 $25.68 $70.00 $180.70 $276.38
45 $25.68 $70.00 $180.70 $276.38
See next page
I
I
I
I
I
46 $25.68 $70.00 $180.70 $276.38
47 $25.68 $70.00 $180.70 $276.38
48 $25.68 $70.00 $180.70 $276.38
49 $25.68 $70.00 $180.70 $276.38
50 $25.68 $70.00 $180.70 $276.38
Tract Total $1,284.00 $3,500.00 $9 035.00 $13 819.00
Development
Total $3,338.40 $9,100.00 $23,491.00 $35,929.40
All lot numbers are by reference to:
Tract Map No. 26828-1 as recorded by the Riverside County Office Recorder No. 2002-
247817 recorded on May 10,2002.
Tract Map No. 26828-2 as recorded by Riverside County Office Recorder No. 2002-
247842 recorded on May 10,2002.
Tract Map No. 26828 as recorded by Riverside County Office Recorder No. 2002-247844
recorded on May 10, 2002.
**Rates for Service Level D for Fiscal Year 2005-2006 maybe increased by further action of the
City Council.
I
I
I
EXHIBIT B (1 OF 2)
NOTICE OF ELECTION
PROPOSED SERVICE LEVELS B AND C RATESAND CHARGES FOR TRACT MAP
NOS. 26828-1, 26828-2 AND 26828 BEGINNING FISCAL YEAR 2005-2006.
Pursuant to the request of the residents, the Temecula Community Services District (TCSD) has
initiated proceedings to assume maintenance of perimeter landscaping and slope areas within Tract
Map Nos. 26828-1, -2 and Final beginning with the Fiscal Year 2005-2006. Pursuant to this request,
and pursuant to Government Code Section 61621.2, the TCSD caused a written report ("Report") to be
prepared and filed with the Secretary of the TCSD, which contains a description of each parcel of
property to be charged for this maintenance and the proposed amount of the maintenance charge for
each parcel for Fiscal Year 2005-2006.
The proposed Service Level B rate and charge against each of the above-mentioned parcels within
Tract Map Nos. 26828-1, -2 and Final beginning Fiscal Year 2005-2006 is $25.68. The proposed levy
rate of $25.68 per parcel provides revenue for residential street lighting services within this
subdivision. The proposed Service Level C rate and charge against each of the parcels beginning
Fiscal Year 2005-2006 is $70.00. The proposed levy rate of $70.00 per parcel provides revenue for the
maintenance of perimeter landscaping and slope areas within this subdivision. This amount was
calculated by dividing the total estimated maintenance cost upon build-out of the development
$9,100.00 by the total number of single-family residential parcels within the subdivision.
On September 14, 2004 the Board of Directors conducted a public hearing on the Report and the
proposed Service Levels B and C rates and charges. At the public hearing, the Board of Directors
heard and considered all objections or protests to the Report and to the proposed rates and charges. At
the conclusion of the public hearing, the Board determined that written protests against the proposed
fees were presented by less than a majority of owners of the parcels on which the proposed fees were
to be imposed, and levied the rates and charges subject to approval by the property owners subject to
the proposed rates and charges.
The Board of Directors encourages you to return the enclosed ballot indicating whether you support or
oppose the proposed Service Levels B or C rates and charges. Ballots may be mailed to the City
Clerk/District Secretary at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered
to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California, 92590 no
later than 1 :30 p.m. on November 3, 2004.
The proposed Service Levels B and C rates and charges will be abandoned if the ballot is not returned
in favor of the proposed rates and charges. In the event the proposed charges are abandoned, the
property owners will continue to assume responsibility for perimeter landscaping and slope
maintenance services within their property boundaries.
Enclosed is your ballot and the District's Procedures for the completion, return and tabulation of
Ballots. Please consult these Procedures for details regarding the ballot process. You may also contact
the City Clerk/District Secretary's Office at (909) 694-6444; by mail, at P.O. Box 9033, Temecula,
California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590, for
further information regarding this matter.
R:\smithbIElectians\26626 ElectianlBaliat Natlce and Procedures.dac
09/03/2004
I
EXHIBIT B (2 OF 2)
OFFICIAL BALLOT
TRACT NO. 26828-1, -2 and Final
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVEL B AND SERVICE LEVEL C RATES AND
CHARGES FOR RESIDENTIAL STREET LIGHTING SERVICES
AND PERIMETER AND SLOPE LANDSCAPE MAINTENANCE
I
PROPERTY: 0 YES, I approve of the proposed
All parcels within Tract Map 26828-1, -2 annual levy of $25.68 for Service
and Final recorded in the Office of the Level B and $70.00 for Service
County Recorder of Riverside County Level C against each parcel
identified on this ballot.
OWNER: 0 NO, I do not approve of the
Ms. Lisa Gordon - President proposed annual levy of $25.68 for
Service Level B and $70.00 for
Richmond American Hornes of California, Service Level C against each parcel
Inc. identified on this ballot.
100 East San Marcos Blvd., Suite 100
San Marcos, CA 92069
I hereby declare, under penalty of peljury that I arn the record owner, or the authorized representative of
the record owner, of the parcels identified above.
Signature
Date
Print Name
CHECK ONLY ONE BOX. BALLOTS MUST BE COMPLETED IN INK AND RETURNED
TO THE CITY CLERKIDISTRICT SECRETARY AT THE CITY OF TEMECULA, P.O. BOX
9033/43200 BUSINESS PARK DRIVE, TEMECULA, CALIFORNIA, 92589-9033 PRIOR TO
1:30 P.M. ON NOVEMBER 3, 2004.
I
R:\smithblElections\26828 Electian\Baliot Fonn.DOC
09/0312004
I
I
I
ATTACHMENT 2
TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE
COMPLETION, RETURN, AND TABULATION OF BALLOTS
I. Completion of Ballots
*
Who may complete a ballot
A ballot may be completed by the owner of the parcel to be charged. As used in these
Procedures, the term "owner" includes the owner's authorized representative. If the owner of the
parcel is a partnership, joint tenancy, or tenancy in common, a ballot may be completed by any
of the general partners, joint tenants, or tenants in common. Only one ballot may be completed
for each parcel.
*
Duplicate ballots
If a ballot is lost, destroyed or never received, the City ClerklDistrict Secretary will provide a
duplicate ballot to the owner upon receipt of a request in writing to the City Clerk, at P.O. Box
9033, Temecula, California, 92589-9033, or otherwise delivered to the City ClerklDistrict
Secretary at 43200 Business Park Drive, Temecula, California 92590. The duplicate ballot will
be marked to show the date on which the ballot was provided and to identifY it as a duplicate
ballot.
*
Marking and signing the ballot
To complete a ballot, the owner of the parcel must (1) mark the appropriate box supporting or
opposing the proposed rate and charge, and (2) sign, under penalty of peIjury, the statement on
the ballot that the person completing the ballot is the owner of the parcel or the owner's
authorized representative. Only one box may be marked on each ballot. Ballots must be
completed in ink.
*
Only ballots provided by the District will be accepted
The District will only accept ballots mailed or otherwise provided to owners by the District.
Photocopies, faxes, and other forms of the ballot will not be accepted.
II. Return of Ballots
*
Who may return ballots
A ballot may be returned by the owner of the parcel or by anyone authorized by the owner to
return the ballot.
R:lsmilhblElectians\26828 ElectianlBaliat Natice and Pracedures.doc
09/0312004
I
I
I
*
Where to return ballots
Ballots may be mailed to the City ClerklDistrict Secretary's Office, at P.O. Box 9033, Temecula,
California, 92589-9033, (the District has provided a return postage-paid envelope). Ballots may
also be delivered in person to the City ClerklDistrict Secretary's Office at 43200 Business Park
Drive, Temecula, California 92590. Ballots may not be returned by fax.
*
When to return ballots
All returned ballots must be received by the City ClerklDistrict Secretary's Office prior to
1:30 p.rn. on November 3, 2004. The City ClerklDistrict Secretary will stamp on the ballot the
date of its receipt.
*
Withdrawal of ballots
After returning a ballot to the District, the person who signed the ballot may withdraw the ballot
by submitting a written request in person to the City ClerklDistrict Secretary at 43200 Business
Park Drive, Temecula, California 92590. Such request must be received by the City
ClerklDistrict Secretary prior to 1 :30 p.m. on November 3, 2004. If any ballot has been
withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City
ClerklDistrict Secretary will retain all withdrawn ballots and will indicate on the face of such
ballots that they have been withdrawn.
III. Tabulation of Ballots
*
Which ballots will be counted
Only ballots which are completed and returned in compliance with these procedures will be
counted. Ballots received by the City ClerklDistrict Secretary after 1 :30 p.m. on November 3,
2004 will not be counted. Ballots which are not signed by the owner will not be counted. Ballots
with no boxes marked, or with more than one box marked, will not be counted. Ballots
withdrawn in accordance with these procedures will not be counted.
The City ClerklDistrict Secretary will keep a record of each duplicate ballot provided to an
owner and will verify, prior to counting any duplicate ballot, that only one ballot has been
returned for the parcel. If a non-duplicate ballot has been returned, the District will count the
non-duplicate ballot and disregard all duplicate ballots. If only duplicate ballots have been
returned, the District will count the earliest provided duplicate ballot and disregard the later
provided duplicate ballots.
R:\smithblElecüans\26S28 EJectianlBaliat Natice and Pracedures.dac
09/0312004
I
I
I
*
How ballots will be tabulated
Ballots may be counted by hand, by computer or by any other tabulating device.
*
Who will tabulate ballots
Ballots will be tabulated by the City Clerk/District Secretary.
*
When and where will the ballots be tabulated
Ballots will be opened and tabulated on Monday, November 3, 2004 at 2:00 p.m. in the Main
Conference Room at City Hall, 43200 Business Park Drive, Temecula, California, 92590. This
process is open to the general public.
*
Results of tabulation
The results of the tabulation will be announced following the completion of the tabulation and
entered in the minutes of the next Board of Directors meeting November 9,2004.
IV. Resolution of Disputes
In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to
which the ballot applies, the District will make such determination from the last equalized
assessment roll and any evidence of ownership submitted to the City Clerk/District Secretary.
The District will be under no duty to obtain or consider any other evidence as to ownership of
property and the District's determination of ownership will be final and conclusive.
In the event of a dispute regarding whether the signer of a ballot is an authorized representative
of the owner of the parcel, the District may rely on the statement on the ballot, signed under
penalty ofpeljury, that the person completing the ballot is the owner's authorized representative
and any evidence submitted to the City Clerk/District Secretary. The District will be under no
duty to obtain or consider any other evidence as to whether the signer of the ballot is an
authorized representative of the owner and the District's determination will be final and
conclusive.
V. General Information
For further information, contact the City Clerk/District Secretary at (909) 694-6444; by mail, at
P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive,
Temecula, California 92590.
R:\smithbIElectlans\26828 ElectlanlBallat Natlce and Procedures.dac
09/0312004
ATTACHMENT 3
I
w
C/J
!i!
u
:;;::
I-¡
:J:
CITY OF TEMECULA
BOUNDARY
SERAPHINA ROAD
I
CITY OF TEMECULA
BOUNDARY
.6U.
I
NORTH
TRACT NO. 26828-1, 26828-2
AND 26828
\I T r' T f\. TTV
~A A [")