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HomeMy WebLinkAbout06-02 TCSD Resolution I I I RESOLUTION NO. CSD 06..()2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ORDERING, CALLING AND GIVING NOTICE OF AN ELECTION TO BE HELD ON MARCH 7, 2006 REGARDING SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR TRACT MAP NO. 31344 IN ORDER TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 2006-2007 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 has established 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 as property taxes collected within the TCSD. Section 3. Pursuant to Government Code Section 61115, the TCSD caused a written report ("Reporf) to be prepared and filed by the Secretary of the TCSD, which Report contains a description of each parcel of real property within the Tract Map No. 31344 and the proposed amount of the rates and charges against each parcel for fiscal year 2006-2007. 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 in 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 10, 2006, 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 coi'lcerning the Report, the proposed rates and charges, and the method of collection of such rates and charges. 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 Tract Map No. 31344 Area for fiscal year 2006-2007. R:/CSD Reses 2006lCSD 06-02 I I I 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 2006-2007 as set out on Exhibit A for the services to be provided by the TCSD for fiscal year 2006-2007. Section 8. The TCSD shall collect such rates and charges in the same manner as 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 2006-2007, 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, 2006, pursuant to the 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 of these rates and charges believes that payment of the rates and charges for fiscal year 2006-2007 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, 2006, 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, 2006 the Report and the property tax roll with such rates and charges enumerated for each parcel not exempt therefrom; 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 therefor. 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 7, 2006. R:/CSD Reses 2006/CSD 06-02 2 I 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 to be placed on file in the office of the Secretary of the TCSD and open to public inspection. Section 17. All ballots must be received by the Secretary of the TCSD no later than 10:30 a.m. on March 7, 2006. 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 TCSD is hereby authorized to canvass the returns of the election. The officers and staff of the TCSD 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 Board of Directors of the Temecula Community Services District of the City of Temecula this 10th day of January, 2006. ATTEST: Jeff Comerchero, President I I~EAL] I R:/CSD Reses 2006/CSD 06-02 3 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 06-02 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 10th day of January, 2006, by the following vote: AYES: 5 BOARD MEMBERS: NOES: 0 ABSENT: 0 ABSTAIN: 0 BOARD MEMBERS: BOARD MEMBERS: BOARD MEMBERS: R:/CSD Reses 2006lCSD 06-02 Edwards, Naggar, Roberts, Washington, Comerchero None None None ~ S san W. Jones, MMC Cit lerk/Board Secretary 4 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: PUBLIC HEARING: November 22,2005 January 10,2006 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. 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 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 I 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: o The parkways along both Rancho Vista and Ynez Roads within the project's northern and western boundary. o 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 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. I 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 Levyrrotal 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 I SERVICE LEVEL Total Levy Planned Charge Per Budget Levy Units Levv 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: Refuse/recycling 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 Sin Sin 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 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 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 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. I 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 Map No. 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 I **Rates for Service Level D for Fiscal Year 2005-2006 may be increased by further action of the City Council. I I I Exhibit B (1 of 2) NOTICE OF ELECTION PROPOSED SERVICE LEVELS BAND C RATES AND CHARGES FOR TRACT MAP NO. 31344 BEGINNING FISCAL YEAR 2006-2007 Pursuant to the request of the residents, the Temecula Cornmunity Services District (TCSD) has initiated proceedings to assume maintenance of residential street lighting and perimeter landscaping and slope maintenance within Tract Map No. 31344 beginning with the Fiscal Year 2006-2007. Pursuant to this request, and pursuant to Government Code Section 61115, 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 2006-2007. The proposed Service Level B rate and charge against each residential parcel within Tract Map No. 31344 beginning Fiscal Year 2006-2007 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 residential parcels beginning Fiscal Year 2006-2007 is $315.00. The proposed levy rate of $315.00 per parcel provides revenue for the maintenance of perimeter landscaping and slope maintenance within this subdivision. This amount was calculated by dividing the total estimated maintenance cost upon build-out of the development of$3,150.00 by the total number of single-family residential parcels within the subdivision. Beginning with Fiscal Year 2007-2008, the TCSD proposes to include a cost of living adjustment in the Service Level C rates and charges. The increase shall be 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. On January 10, 2006 the Board of Directors conducted a public hearing on the Report and the proposed Service Levels Band 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 imposcd, and levied the rates and charges subject to approval by the property owners subjcct 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 Band C rates and charges. Your ballot may be mailcd 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 10:30 a.m. on March 7, 2006. The proposed Service Levels Band 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 (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. I I I EXHIBIT B (2 OF 2) OFFICIAL BALLOT TRACT MAP NO. 31344 TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR RESIDENTIAL STREET LIGHTING SERVICES AND PERIMETER LANDSCAPING AND SLOPE MAINTENANCE PROPERTY: D YES, I approve of the proposed annual levy of $25.68 for Service Level All residential parcels (Lots 1-10) B and the proposed resolution entitled "A Resolution of the Board of within Tract Map 31344 recorded in Directors of the Temecula Community Services District of the City of the Office of the County Recorder of Temecula Ordering, Calling and Giving Notice of an Election To Be Held Riverside County on March 7, 2006 Regarding Service Level B and Service Level CRates and Charges for Tract Map No. 31344 in Order To Establish Service Level B and Service Level C Rates and Charges Beginning Fiscal Year 2006-2007" providing an annual levy of $315.00 against each residential unit on the parcels identified on this ballot for Service Level C and commencing with fiscal year 2007-2008, authorizing an annual cost of living adjustment to the Service Level C rates and charges* . OWNER: D NO, I do not approve of the proposed annual levy of $25.68 for Service Level B and the proposed resolution entitled "A Resolution of the Board Richard D. Hauser of Directors of the Temecula Corrununity Services District of the City of Temecula Ordering, Calling and Giving Notice of an Election To Be Gallery Portraits Partners, L.L.c. Held on March 7, 2006 Regarding Service Level B and Service Level C 31618-1 Rail Road Canyon Road Rates and Charges for Tract Map No. 31344 in Order To Establish Canyon Lake, CA 92587 Service Level B and Service Level C Rates and Charges Beginning Fiscal Year 2006-2007" providing an annual levy of $315,00 against each residential unit on the parcels identified on this ballot for Service Level e and commencing with fiscal year 2007-2008, authorizing an annual cost of living adjustment to the Service Level C rates and charges*. *Beginning with Fiscal Year 2007-2008, the Temecula Community Services District proposes to include a cost of living adjustment in the Service Level C rates and charges. The increase shall be 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. I hereby declare, under penalty of perjury that I am 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 CLERKlDISTRICT SECRETARY AT THE CITY OF TEMECULA, P.O. BOX 9033/43200 BUSINESS PARK DRIVE, TEMECULA, CALIFORNIA, 92589-9033 PRIOR TO 10:30 A.M. ON MARCH 7, 2006.