Loading...
HomeMy WebLinkAbout05-02 TCSD Resolution I I I RESOLUTION NO. CSD 05-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO 29133 BEGINNING FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE 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. The TCSD provides long-term residential street lighting, perimeter landscaping and slope landscape maintenance, and refuse/recycling collection services in numerous residential developments within the City of Temecula. 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), and refuse/recycling collection (Service Level D) 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, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. The TCSD hereby initiates proceedings to provide residential street lighting, perimeter landscaping and slope maintenance, and refuse/recycling collection services within Tract Map 29133 beginning Fiscal Year 2005-2006. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, (Exhibit A) which Report contains a description of the real property and the proposed amount of the Service Level B, Service Level C, and Service Level D rates and charges required for residential street lighting, perimeter landscaping and slope maintenance, and refuse/recycling collection services provided to each parcel within Tract Map No. 29133 beginning fiscal year 2005-2006. 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, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charges are 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. R:/CSD Resas 2005/CSD 05-02 I Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of March 8, 2005 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed Service Level B, Service Level C, and Service Level D rates and charges. At the public hearing, the Board of Directors will hear and consider all Objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 25'h day of January, 2005. ATTEST: I ry R:/CSD Reses 2005/CSD 05-02 2 I I, I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk/District Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 05-02 was duly and regularly adopted by the board of Directors of the Temecula Community Services District at a regular meeting thereof held on 25th of January, 2005. AYES: 5 DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: o DIRECTORS: None ABSENT: o DIRECTORS: None ABSTAIN: o DIRECTORS: None uJ Susan W. Jon s, CMC ity Clerk/District ecretary R:/CSO Resas 2005/CSD 05-02 3 I Exhibit A PROJECT SUMMARY CITY OF TEMECULA TRACT MAP NO. 29133 INITIAL LEVY REPORT Service Levels B, C and D Temecula Community Services District (TCSD) Commencing Fiscal Year 2005-2006 I INTENT MEETING: PUBLIC HEARING: January 25, 2005 March 8, 2005 I I INTRODUCTION: A. The TCSD Since December I, 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 of Temecula ("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 Govemment Code. I 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 No. 29133. The territory identified and described in this Report includes all parcels within the Tract Map No. 29133, a future residential subdivision that consists of 4.8 gross acres of vacant property located to the east of Ynez Road between Pauba and Santiago Roads, with 8 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. PLANS AND SPECIFICATIONS A. Period Covered By Report I 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. , I I I B. Parcels Affected By This Report The rates and charges set forth in this Report shall affect all residential parcels included on Tract Map No. 29133, recorded in book 338 of Maps, Pages 1-3 with the Riverside County Recorders Document # 2003-491641. . C. Description of Service Levels The proposed services to be provided to parcels within Tract Map No. 29133 include: residential street lighting; perimeter landscaping and slope maintenance; and refuse/recycling collection. Service Level B, Residential Street Lighting - includes all developed single family 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 No. 29133 for Service Level B is 25.68 per year which will generate annual revenue of $205.44. Service Level C, Perimeter Landscaping and Slope Maintenance - includes all developed single family residential parceis 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: The parkways and down slope from the west side of lot I to Y nez Road and a small triangle section along the south side of lot I. Open space lot 9. The cost of providing these services for these areas of slopes and landscaping is estimated to be $2,160.00 per year. This cost shared equally between all 8 residential lot property owners sets the annual rate for Service Level C at $270.00 per residential lot. 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, rnc the City of Temecula's franchised hauler. As per this agreement change to the rate are based on the previous year's cpr and Riverside County Waste Management's tipping fee rate at the County landfills. Thus, the cost of providing this service to the 8 parcels that will be identified as developed with a residential home within Tract Map No. 29133, based on FY 2004-2005 rate would be $1,445.60 per year. . I I I METHOD OF APPORTIONMENT The cost to provide services within Tract Map No. 29133 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 (RefuselRecycling 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. 29133 Estimated Bude:et and Chare:es for Fiscal Year 2005-2006 SERVICE LEVEL Total Levy Planned Charge Per Budg:et Levy Units Levv Unit Service Level B: Residential Street Lighting $205.44 8 $25.68 Service Level C: Local Landscaping and Slopes $270.00 8 $2,160.00 Rate Level #11 (C-Il) Service Level D: $1,445.60 8 $180.70. Refuse/recvcling: Collection *Based ofFY 2004-2005 rate. The following tables (Table II through IV) show the methodology used to compute the levy for each parcel affected by this Report. I TABLE II Parcel Charge Calculation for Service Level B Parcel Char e $25.68 $25.68 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 Pro e T e Single family residential Single family vacant Parcel Char e $270.00 $270.00 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 Parcel Char e $180.70 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 beginning Fiscal Year 2005-2006 shall be those parcels within Tract Map No. 29133 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 No. 29133 subject to the TCSD Service Level B, Service Level C and Service Level D rates and charges beginning 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 I I Fiscal Year 2005-2006 Rates and Charges Tract 29133 Lot No. Svc Level B Svc Level C Svc Level D Total 1 $25.68 $270.00 $180.70 $476.38 2 $25.68 $270.00 $180.70 $476.38 3 $25.68 $270.00 $180.70 $476.38 4 $25.68 $270.00 $180.70 $476.38 5 $25.68 $270.00 $180.70 $476.38 6 $25.68 $270.00 $180.70 $476.38 7 $25.68 $270.00 $180.70 $476.38 8 $25.68 $270.00 $180.70 $476.38 9 Open Space Not Assessable Total $205.44 $2,160.00 $1,445.60 $3,811.04 **Rates for Service Level D for Fiscal Year 2005-2006 may be increased by further action of the City Council.