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HomeMy WebLinkAbout08-07 TCSD Resolution' RESOLUTION NO. CSD 08-07 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 AUGUST 26, 2008 REGARDING SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR TRACT MAP NO. 23103-2 IN ORDER TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 2009-2010 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 ("Report") to be prepared and filed by the Secretary of the TCSD, this Report contains a description of each parcel of real property within the Tract Map No. 23103-2 and the proposed amount of the rates and charges against each parcel for fiscal year 2009-2010. 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 July 8, 2008, 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. t R:ICSD Resos 2008/CSD 08-07 ' 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. 23103-2 Area for fiscal year 2009-2010. 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 2009-2010 as set out on Exhibit A for the services to be provided by the TCSD for fiscal year 2009-2010. 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 alien 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 2009-2010, 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 lery by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2009, 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 2009-2010 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, 2009, 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 11, 2009 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 R:/CSD Resos 2008/CSD 0&07 2 ' 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 August 26, 2008. 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 8:00 p.m. on August 26, 2008. 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. R:/CSD Resos 2008/CSD 08-07 3 ' PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 8th day of July, 2008. ATTEST: Susan W(~Jones, MMC City Cler Board Secreta R:/CSD Resos 2008/CSD OS-07 ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 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 08-07 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 8th day of July, 2008, by the following vote: AYES: 5 BOARDMEMBERS: Edwards, Roberts, Naggar, Washington, Comerchero NOES: 0 BOARDMEMBERS: None ABSENT: 0 BOARDMEMBERS: None ABSTAIN: 0 BOARDMEMBERS: None LI.J Susan W. Jones, MMC City Clerk/B and Secretary R:/CSD Resos 2008/CSD OS-07 5 ' EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT Tract Map No. 23103-2 The Temecula Community Services District (TCSD) has caused a Levy Report to be prepared for the thirty seven (37) future residential Tots within Tract Map No. 23103-2. Pursuant to the Community services District Law, the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A service level is a defined area that provides a specific service, operation and maintenance to only those parcels contained within that service level as follows: 1. Service Level B -Residential Street Lights: Operations, maintenance, utility costs and administration of all residential street lights. 2. Service Level C -Perimeter Landscaoing and Slooe Maintenance: Operations, maintenance, utility costs, improvements, and administration for all identified ' perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D - Recvcling and Refuse Collection Services: Operation and administration of the recycling and refuse collection program for single-family residential homes. NOTICE OF ELECTION ' PROPOSED SERVICE LEVELS B AND C RATES AND CHARGES FOR TRACT MAP N0.23103-2 BEGINNING FISCAL YEAR 2009-2010 Pursuant to the request of the property owner, the Temecula Community Services District (TCSD) has initiated proceedings to assume maintenance of residential street lighting and perimeter landscaping and slope maintenance within Tract Map No. 23103-2 beginning with the Fiscal Year 2009-2010. 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 2009-2010. The proposed Service Level B rate and charge against each residential parcel within Tract Map No. 23103- 2 beginning Fiscal Year 2009-2010 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 2009-2010 is $640.00. The proposed levy rate of $640.00 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 $23,680.00 by the total number ofsingle-family residential parcels within the subdivision. Beginning with Fiscal Year 2010-2011, the TCSD proposes to include a cost of living adjustment in the ' Service Level C rates and charges. The increase shalt be the lesser of 5% or the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price ]ndex of All Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County Area, for the previous calendar year. On July 8, 2008 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 sapport or oppose the proposed Service Levels B and C rates and charges. Your ballot may be mailed to the City Clerk/District Secretary at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered [o the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California, 92590 no later than 8:00 p.m. on August 26, 2008. 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 residential street lighting and 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 [he 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 fi~rther information regarding this matter. OFFICIAL BALLOT TRACT MAP NO. 23103-2 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 i PROPERTY: YES. 1 approve of [he proposed resolution entitled "A Resolution ol'the All residential parcels (Cols 1-37) ~ Board of Directors of the Temecula Community Services District of the within Tract Map 23103-2 City of Temecula Ordering, Calling and Giving Notice of an Election To Be Held on August 26, 2008 Regarding Service Level B and Service Level C Rates and Charges for Tract Map No. 23]03-2 in Order To Establish Service Level B and Service Level C Rates and Charges Beginning Fiscal Year 2009-2010" providing an annual levy of $25.68 Tor residential street lighting (Service Level B) and $640.00 for perimeter landscape and slope maintenance (Service Level C) against each residential unit on the parcels identified on this ballot commencing with fiscal year 2009-2010, authorizing an annual cost of living adjustment to the Service Level C rate and charges*. OWNER: ^ NO, 1 do not approve of the proposed resolution entitled "A Resolution of the Board of Directors of [he Temecula Community Services District of the Ciry• of Temecula Ordering, Calling and Giving Notice of an Marwan A. Younis Election 'fo Be Held on August 26, 2008 Regarding Service Level B and Vinyard View Estates, LLC Service Level C Rates and Charges for Tract Map No. 23103-2 in Order 8555 Aero Drive, Suite 305 To Establish Service Level B and Service Level C Rates and Charges San Diego, CA 92123 Beginning Fiscal Year 2009-2010" providing an annual lery of $25.68 for residential street lighting (Service Level B) and $640.00 for perimeter landscape and slope maintenance (Service Level C) against each residential unit on the parcels identified on this ballot commencing with fiscal year 2009-2010, authorizing an annual cost oT living adjustment to the Service Level C rate and charges*. *Beginning with Fiscal Year 2010-201 I, the Temecula Community Services District proposes [o include a cost of living adlustment in [he Service Level C rate and charges. The increase shall be the lesser of 5% or the annual percentage change in the United Slates 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 1 am the record owner, or the authorized representative of the record owner, of the parcels identified above. Signature Print Name Date CHECK ONLY ONE BOX. BALLOTS MUST BE COMPLETED IN INK AND RETURNED TO THE CITY CLERK/DISTRICT SECRETARY AT THE CITV OF TEMECULA, P.O. BOX 9033/43200 BUSINESS PARK DRIVE, ' TEMECULA, CALIFORNIA, 92589-9033 PRIOR TO 8:00 P.M. ON AUGUST 26, 2008.