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HomeMy WebLinkAbout05-22 TCSD Resolution I I I RESOLUTION NO. CSD 05-22 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR THE TRACT MAP NO. 31344 BEGINNING FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE 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 perimeter landscaping and slope landscape maintenance 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 No. 31344 beginning Fiscal Year 2006-2007. 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 and recycling collection services provided to each parcel within Tract Map Mo. 31344 beginning fiscal year 2006-2007. 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 or 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:/CSO Resas 2005/CSD 05-22 I Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of January 10, 2006 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 Comm"";~ SeNi= D;"';ct of~. COy ofT.moc~'1"ZJ~" 2005 Chuck 'a hington, President ATTE,ST: I SUSi~m . Jo es, MMC CityCle k/Bo rd Secreta I R:/CSD Resas 2005/CSD 05-22 2 I I I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 05-22 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 22nd day of November , 2005, by the following vote: AYES: 5 BOARDMEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 BOARDMEMBERS: None ABSENT: 0 BOARDMEMBERS: None ABSTAIN: 0 BOARDMEMBERS: None R:/CSD Resos 2005/CSD 05-22 3 I Exhibit A PROJECT SUMMARY CITY OF TEMECULA TRACT MAP NO. 31344 INITIAL LEVY REPORT Service Levels B, C and D Temecula Community Services District (TCSD) Commencing Fiscal Year 2006-2007 I INTENT MEETING: November 22, 2005 PUBLIC HEARING: January 10,2006 I I 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 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 unpaved 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 2006-2007 for the parcels and territory identified as Tract Map No. 31344. The territory identified and described in this Report includes all residential parcels within the Tract Map No. 31344, a future residential subdivision that consists of 3.3 gross acres of vacant property located to the southeast comer of Rancho Vista and Ynez Roads, with 10 planned residential parcels. 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 This Report describes rates and charges to be imposed for Fiscal Year 2006-2007. 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. 31344. C. Description of Service Levels The proposed services to be provided to parcels within Tract Map No. 31344 include: residential street lighting; perimeter landscaping and slope maintenance; and refuse/recycling collection services. 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 Tract Map No. 31344 for Service Level B is 25.68 per year which will generate annual revenue of$256.80. 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, open space lots and dedicated easements adjacent to and associated with this development. The landscaped areas associated with this particular development include, but are not limited to, perimeter slope and landscaping, as follows: · The parkways along both Rancho Vista and Ynez Roads within the project's northern and western boundary. . Within open space Lots II and 12 and along the northern perimeter of residential Lot I and the western perimeter of Lot 10. The cost of providing these services for these areas of slopes and landscaping is estimated to be $3,150.00 per year. This cost shared equally between all 10 residential lot property owners sets the annual rate for Service Level C at $315.00 per residential lot. Beginning with Fiscal Year 2006-2007, a cost of living adjustment is proposed to be introduced for this development. This adjustment shall be equivalent to the lesser of 5% or the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index of All Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County Area, for the previous calendar year. For Fiscal Year 2006-2007 the assessment rate for this project will be $315.00 per residential parcel. Beginning in the second fiscal year, Fiscal Year 2007-2008, the assessment rate for this project shall be increased by the approved annual CPI-U based adjustment. This increase shall be calculated independently of the TCSD's annual budget and proposed assessment. The annual percentage change in CPI-U shall be based on available data provided by the United States Department of Labor, Bureau of Labor Statistics at the time the annual report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment less than or equal to I I I the calculated assessment based on an annual CPI based adjustment is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Service Level D, Refuse and Recycling Services - provides for the operation and administration of the refuse/recycling collection program for single-family residential homes within the TCSD. The current cost of providing these services to single family residential homes for Fiscal Year 2005-2006 is $190.92 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 ofTemecula's current franchised hauler. As per this agreement change to the rate are based on the previous year's CPI-U and Riverside County Waste Management's tipping fee rate at the Riverside County landfills. Thus, the cost of providing this service to the 10 parcels that will be identified as developed with a residential home within Tract Map No. 31344, based on FY 2005-2006 rate would be $1,909.20 per year. METHOD OF APPORTIONMENT The cost to provide services within Tract Map No. 31344 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 LevylTotal 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. 31344 Estimated Budl!et and Charl!es for Fiscal Year 2006-2007 SERVICE LEVEL Total Levy Planned Charge Per Bud,get Levy Units Levy Unit Service Level B: Residential Street Lighting $256.80 10 $25.68 Service Level C: Local Landscaping and Slopes $3,150.00 10 $315.00 New Rate Level Service Level D: RefuselrecycIing Collection $1,909.20 10 $190.92* 'Based of FY 2005-2006 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 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 e residential vacant Parcel Char e $315.00 $315.00 A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not charged. Beginning Fiscal Year 2007-2008 this assessment shall be subject to a CPI-U increase. TABLE IV Parcel Charge Calculation for Service Level D e. residential Parcel Char e $190.92 This charge is imposed only on developed single-family residential parcels (with a residential home). This rate is for FY 2005-2006 and will change for FY 2006-2007. I I I I APPENDIX A - PARCEL LISTING (FY 2006-2007) 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. 31344 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 table below encompasses a complete listing of all parcels within Tract Map No. 31344 subject to the TCSD Service Level B, Service Level C and Service Level D rates and charges beginning Fiscal Year 2006-2007. 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. Fiscal Year 2006-2007 Rates and Charges Tract~apNo.31344 Lot No. Svc Level B Svc Level C Svc Level D Total I $25.68 $315.00 $190.92 $531.60 2 $25.68 $315.00 $190.92 $531.60 3 $25.68 $315.00 $190.92 $531.60 4 $25.68 $315.00 $190.92 $531.60 5 $25.68 $315.00 $190.92 $531.60 6 $25.68 $315.00 $190.92 $531.60 7 $25.68 $315.00 $190.92 $531.60 8 $25.68 $315.00 $190.92 $531.60 9 $25.68 $315.00 $190.92 $531.60 10 $25.68 $315.00 $190.92 $531.60 Totals $256.80 $3,150.00 $1,909.20 $5,316.00 **Rates for Service Level D for Fiscal Year 2005-2006 may be increased by further action of the City Council.