HomeMy WebLinkAbout10-04 TCSD Resolution RESOLUTION NO. CSD 10 -04
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT OF
THE CITY OF TEMECULA ADOPTING RATES AND
CHARGES FOR SERVICE LEVEL B — RESIDENTIAL
STREET LIGHTING, SERVICE LEVEL C — PERIMETER
LANDSCAPING, SERVICE LEVEL D — RECYCLING AND
REFUSE COLLECTION AND SERVICE LEVEL R —
EMERGENCY UNPAVED ROAD SERVICES FOR FISCAL
YEAR 2010 -2011
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. Pursuant to Government Code Section 61115, the TCSD has
prescribed, revised and collected rates and charges for the 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 within the TCSD in the manner prescribed by
Government Code Section 61115. By previous resolution, the TCSD proposed to
continue such rates and charges for the operation, maintenance, service and
administration of residential street lighting, perimeter landscaping, recycling and refuse
collection and emergency unpaved road maintenance services for Fiscal Year 2010-
2011..
Section 3. 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
Report contains a description of each parcel of real property and the proposed amount
of the rates and charges for Fiscal Year 2010 -2011. The Report is based upon a
budget adopted by the Board of Directors for the proposed services for specific areas
where such services are provided, including necessary staff and administrative
expenses. A summary of 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 on April
21, 2010 calling for a public hearing on June 8, 2010. Notice was published as required
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by law and affidavits of publication and mailing are on file with the Secretary of the
TCSD.
Section 5. At the public hearing on June 8, 2010, the Board of Directors will
hear and consider 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.
Section 6. The Board of Directors hereby finds 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 for Fiscal Year 2010 -2011.
Section 7. The Board of Directors hereby overrules any and all objections and
protests and adopts the rates and charges for residential street lighting, perimeter
landscaping, recycling and refuse collection and emergency unpaved road maintenance
services for Fiscal Year 2010 -2011 as set out on Exhibit A.
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 or 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 2010 -2011, or claims that an
error has been made with respect to the implantation 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, 2010, 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 2010 -2011 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 TCSD Secretary before 5:00 p.m. on December 1,
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2010, pursuant to procedures established by the TCSD, in order to be considered under
the hardship appeal program.
Section 12. The TCSD Secretary is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August
10, 2010, 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
such rates and charges as shown on that roll and to perform any and all duties
necessary therefore.
Section 13. Pursuant to the California Environmental Quality Act, the levy and
collection of these rates and charges is exempt from CEQA pursuant to California
Public Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines
because the rates and charges are necessary to maintain existing improvements within
the TCSD.
Section 14. The District Secretary shall certify to the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City of Temecula th" , 8th day f June, 2010.
k Washington, President
ATTEST:
Susan W1 Jone , MMC
ity Cler Board ecretary
[SEAL]
R: /CSD Resos 2010 /CSD 10 -04 3
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 10 -04 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 June, 2010, by the following vote:
AYES: 4 BOARD MEMBERS: Comerchero, Edwards, Naggar,
Washington
NOES: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Roberts
ABSTAIN: 0 BOARD MEMBERS: None
Susan W Jones, MMC
Ci Clerk/B and Secretary
R: /CSD Resos 2010 /CSD 10 -04 4
EXHIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVELS B, C AND D
On January 1, 2009, Willdan Financial Services was retained by the City of Temecula to
prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the
Fiscal Year 2010 -2011. Pursuant to the Community Services District Law, Division 3 of Title 6
of the Government Code of the State of California, commencing with Section 61000 et sea., the
TCSD has the power to levy and collect rates and charges in order to carry on its operations
and to provide the services and facilities 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 and /or program to only those
parcels contained within that service level, as follows:
1. Service Level B - Residential Street Lighting. Operational, administrative,
maintenance and utility costs of residential street lights within the TCSD
maintenance system.
2. Service Level C - Perimeter Landscaping. Operational, administrative,
maintenance and utility costs for all perimeter landscaping and slope
maintenance areas maintained by the TCSD.
3, Service Level D — Recycling and Refuse Services. Operational and
administrative costs of the recycling and refuse collection services for
residential households.
4. Service Level R — Emergency Unpaved Road Maintenance. Operational,
administrative, construction and maintenance costs of certain unpaved roads
in the City.
The Financial Analysis contained herein includes Service Levels B, C, D and R with their total
budgets for Fiscal Year 2010 -2011 to be as follows:
PARCEL
SERVICE LEVEL BUDGET RATE LEVEL CHARGE
Service Level B $ 954,424 N/A $ 25.68
Service Level C $ 37,859 Zone 1 $116.00
$ 42,490 Zone 2 $ 89.00
$ 47,268 Zone 3 $116.00
$ 6,383 Zone 4 $ 46.00
$ 38,907 Zone 5 $175.00
$ 22,156 Zone 6 $ 96.84(1
$ 16,703 Zone 7 $ 89.00
$ 136,822 Zone 8 $175.00
$ 5,102 Zone 9 $ 46.00
$ 9,735 Zone 10 $116.00
$ 2,444 Zone 11 $175.00
$ 96,260 Zone 12 $116.00
$ 34,197 Zone 13 $ 46.00
$ 14,759 Zone 14 $ 89.00
$ 9,785 Zone 15 $175.00
$ 37,765 Zone 16 $175.00
$ 2,114 Zone 17 $ 46.00
$ 93,886 Zone 18 $ 70.00
$ 54,384 Zone 19 $225.00
$ 177,794 Zone 20 $175.00
$ 227,893 Zone 21 $129.00
$ 4,401 Zone 22 $116.00
$ 8,391 Zone 23 $ 20.00
$ 161,927 Zone 24 $100.00
$ 43,944 Zone 25 $200.00
$ 2,157 Zone 26 $270.00
$ 9,092 Zone 27 $ 70.00
$ 232,721 Zone 28 $129.00
$ 3,453 Zone 29 $345.54(1)
$ 0 Zone 30 $ 0.00(3)
$ 0 Zone 31 $ 28.50 (1),(2)
$ 0 Zone 32 $652.36 (1),(2)
$ 1,580,792 Service Level C Total
( This rate increased by 1.83% CPI -U.
(2) These zones will not be assessed for FY 2010 -2011 due to delay in construction and /or
completion of project.
(3) This Zone will be eliminated, HOA to take over landscaping responsibilities.
Service Level D $5,858,399 N/A $220.66
Service Level R $ 10,040 Improved Parcel $115.26
Vacant Parcel $ 57.62
TOTAL TCSD BUDGET FOR SERVICE LEVELS B, C, D and R: $ 8,403,655