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HomeMy WebLinkAbout96-04 TCSD Resolution RESOLUTION NO. CSD 96-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADOPTING RATES AND CHARGES FOR COMMUNITY SERVICES/PARKS AND RECREATION, STREET LIGHTING, SLOPE MAINTENANCE, RECYCLING AND REFUSE COLLECTION SERVICES AND STREET AND ROAD IMPROVEMENTS FOR FISCAL YEAR 1996-97. TEMECULA CO TY SERVICES DISTRICT WHEREAS, 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 WHEREAS, the TCSD proposed 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, 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 WHEREAS, the Board has requested the preparation of a report for Fiscal Year 1996-97 containing the proposed rates and charges for filing with the Secretary of the TCSD pursuant to the Community Services District Law 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 1996-97 (the "Report") has 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 WHEREAS, 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 Resos.CSD\96-04 WHEREAS, notice of public hearing was mailed and published as required by law and the affidavits of publication and mailing are on file with the Secretary; and WHEREAS, at the public hearing conducted on June 11, 1996, 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 WHEREAS, at the conclusion of the public hearing, the TCSD confirmed the rates and charges in the amounts set out on Exhibit "A" entitled "Project Summary", attached and incorporated by this reference, confirmed their collection on the tax roll; and WHEREAS, 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 1996-97, and WHEREAS, the TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and together with the 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 TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The rates and charges for Fiscal Year 1996-97 as set out on Exhibit "A" for the Services and/or Facilities are adopted for Fiscal Year 1996-97. SECTION L 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 Resos.CSD\96-04 2 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. 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 2, 1996, pursuant to procedures established by the TCSD. SECTION!L If a property owner subject to these rates and charges believes that payment of the rates and charges for fiscal year 1996-97 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 2, 1996, 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, 1996, 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. Resos.CSD\96-04 3 SECTION 7. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this llth day of June, 1996. TEMECULA COMMUNITY SERVICES DISTRICT ald H. Roberts, President ATTEST: Ju -@. Greek, CMC Secretary/Ci-ty C'@'erk [SEAL] Resos.CSD\96-04 4 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 96-04 was duly adopted at a regular meeting of the Board of Directors of the Temecula Community Services District on the 1 lth day of June, 1996 by the following roll call vote: AYES: 5 DIRECTORS: Birdsall, Ford, Roberts, Stone, Lindemans NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAINED: 1 DIRECTORS: Stone (Service Level R Only) June S. Greek, CMC Secretary/City Clerk Resos.CSD\96-04 5 EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On July 1, 1995, Muni 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 1996-97. Pursuant to the Community Services Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 6iOOO et seq., 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 Maintenanc@ 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 Landscaping and Sloi2e Maintenanct. 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 Sweeping. 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. Resos.CSD\96-04 6 The Financial Analysis contained herein contains each Service Level including with their totals for Fiscal Year 1996-97 year to be as follows: SERVICE LEVEL LEVY BUDGET, $/SFR Community Services/Parks: $2,717,562.00 $69.24 Ser-vice Level A 204,092.00 5.20 Service Level B 252,948.00 25.68 Service Level C 508,482.00 Variable Service Level D 1,826,717.00 162.78 Service Level R 19,276.00 Variable TOTAL TCSD LEVY FY 96-97: $5,529,077.00 The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 1996-97 are as shown on the Assessment Roll on file with the City Clerk. Resos.CSD\96-04 7 SCHEDULE OF PROCEDURE FOR PUBLIC HEARING FOR THE TEMECULA COMMUNITY SERVICES DISTRICT ON ADOPTING RATES AND CHARGES FOR FISCAL YEAR 1996- 97 June 11, 1996 President:Since the hour of 7:00 p.m. has arrived, this is the time and place for hearing protests or objectives 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, graffiti removal, slope maintenance, recycling and refuse collection and street and road improvements for fiscal year 1996-97 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 regarding this matter. Staff and (Presentations) Consultants: President:Are there any questions of staff from members of the Board? President:Secretary, have your 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, graffiti removal, slope maintenance, recycling and refuse collection and street and road improvements for fiscal year 1996-97 within the Temecula Community Services District. Secretary:[The Secretary should read each protest, if any. If there are none, the Secretary Resm.CSD\96-04 8 should so state.] President:[If there are written protests, the President should ask if anyone wishes to speak in behalf thereof.]' Replies to protests or questions should be supplied by the proper City official or Engineer. President:[After all protests have been read and all discussions 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 Secretary: 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 hear 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 Pre@: 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.CSDN96-04 9