HomeMy WebLinkAbout95_005 TCSD Resolution RESOLUTION NO. CSD 95-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
ADOPIPING RATES AND CHARGES FOR CO
SERVICES, PARKS AND RECREATION, STREET
LIGHTING, SLOPE MAINTENANCE, AND RECYCLING
AND REFUSE COLLECTION SERVICES FOR FISCAL
YEAR 1995-96.
VMEREAS, upon incorporation of the City of Temecula, California (the "City")
effective December 1, 1989, voters also approved the formation of the Temecula Community
Services District ("TCSD"), which has the same area and boundaries as the City and whose
Board of Directors (the "Board") consists of the members of the City Council of the City; and
VMEREAS, the TCSD proposes to continue such rates and charges for community
services and parks, recreation facilities, services and programs, operation, maintenance, service
and administration of street lighting, slope maintenance, recycling and refuse collection and
street and road improvements (the "Services and/or Facilities") for those areas specifically
benefitted thereby and charges by the county service areas or the TCSD for such services in
prior fiscal years; and
MMEREAS, the Board has requested the preparation of a report for Fiscal Year 1995-96
containing the proposed rates and charges for filing with the Secretary of the TCSD pursuant
to the Community Services District Uw being Division 3 of Title 6 of the Government Code
of the State of California, commencing with Section 61000 (the "Act"); and
WHEREAS, pursuant to Section 61621.2 of the Act, an Engineer's Report for Collection
for the Fiscal Year 1995-96 (the "Report") had been presented and filed with the Secretary of
the TCSD which contains a description of the proposed Services and/or Facilities to be provided
and the proposed rates and charges for such Services and/or Facilities, and a description of the
parcels subject to the rates and charges. The Report is based upon a budget adopted by the
Board for the proposed Services and/or Facilities for specific areas where such Services and/or
Facilities are provided, including necessary staff and administrative expenses; and
VMEREAS, the Board requested that staff provide mailed notice of the public hearing
regarding these rates and charges to each property owner subject to the rates and charges at least
fourteen (14) days prior to the date set for the public hearing; and
VMEREAS, notice of the public hearing was mailed and published as required by law
and the affidavits of publication and mailing are on file with the Secretary; and
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@EREAS, at the public hearing conducted on June 13, 1995, as noticed, the TCSD
heard and considered all oral and written protests and comments by any interested person
concerning the proposed rates and charges or the method of their collection; and
VMEREAS, at the conclusion of the public hearing, the TCSD modified/confirmed the
rates and charges in the amounts set out on Exhibit "All entitled "Project Summary", attached
and incorporated by this reference, confirmed their collection on the tax roll and approved an
appeal procedure; and
VMEREAS, the TCSD further finds that based on the Report and budget, the rates and
charges as set out on Exhibit "A" are the reasonable cost of the Services and/or Facilities to be
provided by the TCSD for Fiscal Year 1995-96; and
VMER]EAS, 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, 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, or the delinquency in that charge, assessed pursuant to this section shall not result
in a lien against the property, but instead shall be transferred to the unsecured roll for collection;
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMIECULA
COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. The rates and charges for Fiscal Year 1995-96 as set out on Exhibit "A" for
the Services and/or Facilities are adopted for Fiscal Year 1995-96.
Section 2. The TCSD shall collect such 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, are applicable to these rates and charges, except for California Revenue and
Taxation Code Section 483 1. 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
Resos.Csd\95-05 -2-
thereon, prior to the date on which the first installment of such taxes appear on the roll, then
the charge, or the delinquency in that charge, assessed pursuant to this section shall not result
in a lien against the property, but instead shall be transferred to the unsecured roll for collection.
Section 3. If a property owner subject to these rates and charges challenges or questions
the levy of the rates and charges to such property owner's property, such property owner must
appeal the levy by filing an appeal with the TCSD Secretary before 5:00 p.m. on December 1,
1995, pursuant to procedures established by the TCSD.
Section 4. If a property owner subject to these rates and charges believes that payment
of the rates and charges for fiscal year 1995-96 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, 1995, pursuant to procedures
established by the TCSD, in order to be considered under the hardship appeal program.
Section 5. The TCSD Secretary is ordered to transmit or cause to be transmitted to the
County Auditor of the County of Riverside, California (the "County") before August 10, 1995,
the property tax roll with such rates and charges enumerated for each parcel not exempt
therefrom; and the County Auditor of the County is hereby designated, required, empowered,
authorized, instructed, directed and ordered to make collection of all such assessments as shown
on that roll and to perform any and all duties necessary therefor.
Section 6. 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 services within the TCSD.
Section 7. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 13th day of June, 1995.
TEMECULA COMMUNITY SERVICES
DISTRICT
Ronald H. Roberts, President
ATTEST:
J4ne,Ureek, Secre@/Ciry Clerk
[SHAL]
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
1, June Greek, Secretary of the Temecula Community Services District, HEREBY DO
CERTIFY that the foregoing Resolution No. CSD 95-05 was duly adopted at a regular meeting
of the Board of Directors of the Temecula Community Services District on the 13th day of June,
1995, by the following roll call vote:
AYES: 5 DIRECTORS: Lindemans, Mufloz, Parks, Roberts,
Stone
NOES: 0 DIRECTORS: None
ABSENT: 0 DIRECTORS: None
kn@(Ireek, @ecre ity Clerk
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EXHIBIT A
PROJECT S Y
TEMEECULA COMMUNITY SERVICES DISTRICT
On July 1, 1995, Municipal 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 1995-96. 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 @., 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 assignment of
benefit to 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.
The TCSD is currently composed of six (6) city-wide service levels. The descriptions
of the service levels are as follows:
1.Community Services, Parks and Recreation. Operations, maintenance, and
administration of the City community park systems, recreation facilities, services
and programs.
2.Service Level A - Arterial Street Lights and Median Maintenance.
Operations, maintenance, utility costs, and administration of all arterial street
lights, medians and traffic signals.
3.Service Level B - Residential Street Lights. Operations, maintenance, utility
costs and administration of all residential street lights.
4.Service Level C - Perimeter Landscapinp- and Slol& Maintenance. Operations,
maintenance, utility costs, improvements, and administration for all perimeter
landscaping and slope maintenance areas maintained by the TCSD.
5.Service Level D - Refuse, Collection, Recycling and Street Sw=ing. Operations
and administration of the refuse and recycling program, and street sweeping
services for all single-family residential homes.
6.Service Level R - Streets and Roads. Construction, installation, and maintenance
of streets and roads.
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The Financial Analysis contained herein contains each Service Level including with their totals
for Fiscal Year 1995-96 year to be as follows:
SERVICE LEVEL LEVY BUDGET $/SFR
Community Services/Parks: $2,611,856.00 $ 68.88
Service Level A 157)586.00 $ 4.16
Service Level B 244,170.00 $ 26.92
Service Level C 475,390.00 Variable
Service Level D 1,808,867.00 $172.06
TOTAL TCSD LEVY FY 95-96: $5,297,869.00
The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal
Year 1995-96 are as shown on the Assessment Roll on file with the City Clerk.
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SCHEDULE OF PROCEDURE FOR PUBLIC
HEARINGFORTHETEMECULACOMMUNrrY
SERVICES DISTRICT ON ADOPTING RATES
AND CHARGES FOR FISCAL YEAR 1995-96
June 13, 1995
President:The hour of 8:00 P.M. having arrived, this is the time and place for hearing
protests or objections against the adoption of rates and charges for community
services and parks, recreation facilities, services and programs, operation,
maintenance, service and administration of street lighting, slope maintenance,
recycling and refuse collection and street and road improvements for fiscal year
1995-96 within the Temecula Community Services District.
President:Secretary, do you have these affidavits relative to this hearing?
(1)Affidavits of Publication
(2)Affidavits of Mailing
Secretary:I have the affidavits.
President:I will entertain a motion to receive and file the affidavits.
(Affidavits received and filed)
President:Staff will now make a presentation on this matter.
Staff- Presentation
President:Are there any questions of staff and/or consultants from members of the Board?
President:Secretary, have you received any written protests or objections against the
adoption of rates and charges for community services and parks, recreation
facilities, services and programs, operation, maintenance, service and
administration of street lighting, slope maintenance, recycling and refuse
collection and street and road improvements for fiscal year 1995-96 within the
Temecula Community Services District.
Secretary:[The Secretary should read each protest, if any. If there are none, the Secretary
should so state.]
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President:[If there are written protests, the President should ask if anyone wishes to speak
in behalf thereof.]!'
Note:Replies to protests or questions should be supplied by the proper city official or
Engineer.
President:[After all protests have been read and all discussion thereon completed, the
President should entertain a motion to close the hearing.]2'
[Discussion and consideration by the Board of Resolution Adopting Rates and
Charges, and thereafter, Motion to Adopt such Resolution.]
Note to Secre@:This schedule should form the basis for writing the minutes. If no protests
are received, the minutes should so state; if protests are received, the
names of those filing written protests and the name of anyone wishing to
be heard should be entered in the minutes, and also a statement that no
other person indicated a desire to be heard. If desired, the Board shall
overrule any and all protests or it may revise, change, reduce or modify
the rates and charges.
Note to President: If no protests are received, the Resolution confirming the rates
and charges may be adopted. If protests are received and the Board desires to overrule and
deny them, a motion to do so should be entertained.
2/ (Hearing may be continued from time to time, if so desired) Resolution should be
presented if its adoption is desired.
Resos.Csd\95-05