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Home My WebLink About05-04 TCSD Resolution I I I RESOLUTION NO. CSD 05-04 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 MARCH 14, 2005 REGARDING SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR THE WOLF CREEK SPECIFIC PLAN NO. 12 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 the Wolf Creek Specific Plan No. 12 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 January 25, 2005, 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 Resas 2005/CSD 05-04 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 the Wolf Creek Specific Plan No. 12 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:/CSO Reses 2005/CSD 05-04 2 I 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 March 14, 2005. 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 XI liD, 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. Section 17. All ballots must be received by the Secretary of the Temecula Community Services District no later than 8:30 a.m. on March 14, 2005. 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 or appropriate in preparing for and conducting the election. PASSED, APPROVED AND ADOPTED by the Boar ~ Directors of the Temecula Community Services District this 25th day of January, 200~ J U/ Chuck Wasllin ton, President ATTEST: I R:/CSD ResDs 2005/CSD 05-04 3 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMCS, District Secretary, HEREBY CERTIFY that the foregoing Resolution No. CSD 05-04 was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 25th day of January, 2005, by the following vote of the Board of Directors. AYES: 5 DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: o DIRECTORS: NQne DIRECTORS: None ABSENT: o ABSTAIN: o DIRECTORS: None J Susan W. Jon s, CMC Clerk/District ecretary R:/CSD Resos 2005/CSD 05-04 4 Exhibit A I Parcel Charge per Parcel Property Type UnitX Parcel = Charge Multiplier Single Family Residential Rate for Service Level B 1.00 $25.68 $25.68 Per Parcel Single Family Residential Rate for Service Level C-7 1.00 $129.00 $129.00 Per Parcel I I R:/CSD Resas 2005iCSD 05-04 5 I I I Exhibit B NOTICE OF ELECTION PROPOSED SERVICE LEVELS BAND C RATESAND CHARGES FOR WOLF CREEK SPECIFIC PLAN NO. 12 BEGINNING FISCAL YEAR 2005-2006. Pursuant to the request of property owners, the Temecula Community Services District (TCSD) has initiated proceedings to assume maintenance of perimeter landscaping and slope areas within the Wolf Creek Specific Plan No. 12 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 residential 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 the Wolf Creek Specific Plan No. 12 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 $129.00. The proposed levy rate of $129.00 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 $233,619.00 by the total number of single-family residential parcels within the subdivision. On January 25, 2005 the Board of Directors will conduct 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 will hear and consider all objections or protests to the Report and to the proposed rates and charges. At the conclusion of the public hearing, if the Board determines any written or oral protests against the proposed fees are less than a majority of owners of the parcels on which the proposed fees were to be imposed, then they will levy 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 ClerkIDistrict Secretary 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 no later than 8:30 a.m. on March 14,2005. The proposed Service Levels B and C rates and charges will be abandoned if the ballots are 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 ClerklDistrict Secretary's Office at (951) 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:\SMITHB\Elections\Wolf Creek\8allot Notice and Procedures.doc 01/12/2005 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 per property owner. * Duplicate ballots If a ballot is lost, destroyed or never received, the City Clerk/District 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 Clerk/District 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 (I) mark the appropriate box supporting or opposing the proposed rate and charge, and (2) sign, under penalty of perjury, 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:ISMITHBIElectionslWolf CreeklBallot Notice and Procedures.doc 0111212005 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 Clerk/District 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 Clerk/District Secretary's Office prior to 8:30 a.m. on March 14, 2005. The City Clerk/District 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 Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. Such request must be received by the City ClerklDistrict Secretary prior to 8:30 a.m. on March 14,2005. If any ballot has been withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City Clerk/District 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 8:30 a.m. on March 14,2005 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:\SMITHBlElections\Wolf Creek\Ballot Notice and Procedures.doc 01/12/2005 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, March 14, 2005 at 9:00 a.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 oftabulation 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 March 22, 2005. IV. Resolution of DisDutes 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 of perjury, 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 (951) 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:ISMITHBlElectionslWolf C,eeklBallo! Notice and Procedures.doc 01/1212005 Attachment Wolf Creek VICINITY MAP - V Pechanga Resort and Casino Legend N Highways ffi & Centerline \AI qClty : I Pechanga Reservation 1000 , o 1000 2000 Feet , " I nn mapWlll mllde by 1M CltyrAT~. GeowePNo Wormatlon s~. The IfIIp II derived hrn bai. cia pl'Qduced bot !he Rlvenlcle County ......1ClI'. Dtpnnent -.d the TranlpoIt8tIon end Land M8naQement~ cf RfvnId. County. The City d Temewll, naumeI no wvranty or legal ruponalbIllly ror the Infonnallon cootalned onthrlllllp. DataandWormatlonf'llPl'MentlMlonthllll'lllP ... IUbJlCt to update and modl1lclllUon. Th. GeogrupNo IrIonnatlon Syttem and other HUrteI lII10IJd be querled rot !hi moatcurrentlnform.lllon. ThIlmllpltnatforrepttntottuaJl. Mepprep8l9d0l::t0bet13,2004 ~'9I\ke1ll\lrcvlewpRljeota\wdrcrvoIt....v1clntty_lfIll1hllpr