HomeMy WebLinkAbout99_010 TCSD ResolutionRESOLUTION NO. CSD 99-10
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE TEMECULA COMMUNITY SERVICES
DISTRICT ADOPTING RATES AND CHARGES
FOR SERVICE LEVEL B - RESIDENTIAL STREET
LIGHTING, SERVICE LEVEL C SLOPE
MAINTENANCE, AND SERVICE LEVEL D
RECYCLING AND REFUSE COLLECTION
SERVICES FOR FISCAL YEAR 1999-2000.
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE
DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS
FOLLOWS:
Section 1. Upon incorporation of the City of Temecula, effective December 1,
1989, voters approved the formation of the Temecula Community Services Distdct ("TCSD"), to
provide specified services to properties within its jurisdiction.
Section ~. Pursuant to Government Code Sections 61621 and 61621.2, 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 Sections 61765.2 to
61765.6, inclusive. By previous resolution, the TCSD proposed to continue such rates and
charges for the operation, maintenance, service and administration of residential street lighting,
slope maintenance, and recycling and refuse collection services for Fiscal Year 1999-2000.
Section 3. Pursuant to Government Code Section 61621.2, 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 1999-2000. 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 or 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 headng on 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 June 22, 1999, 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.
R:resosCSD\99-10 1
Section 6. The Board of Directors hereby finds that, based on the Report and
the Distdct 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 1999-2000.
Section 7. The Board of Directors hereby overrules any and all objections and
protests and adopts the rates and charges for residential street lighting, slope maintenance, and
recycling and refuse collection services for Fiscal Year 1999-2000 as set out on Exhibit "A" for
the services to be provided by the TCSD for Fiscal Year 1999-2000.
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 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 1999-2000, 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,
1999, 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 1999-2000 would create a hardship for that
property owner dudng 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, 1999, pursuant to
procedures established by the TCSD, in order to be considered under the hardship appeal
program.
Section 11. 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, 1999,
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.
R:resosCSD\99-10 2
Section 1~. 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 am necessary to maintain existing
improvements within the TCSD.
Resolution.
Section 13. The District Secretary shall certify to the adoption of this
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Temecula Community Services District this 22"d day of June 1 !
ATTEST:
[SEAL]
in ,
e erchero,
President
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
SS
I HEREBY CERTIFY that the foregoing Resolution No. CSD 99-10 was duly
adopted by the Board of Directors of the Temecula Community Services District at the
regular meeting thereof, held on the 22nd day of June, 1999, by the following vote of the
Board of Directors.
AYES: 5 DIRECTORS:
NOES: 0 DIRECTORS: None
ABSENT: 0 DIRECTORS: None
Ford, Lindemans, Roberts, Stone, Comerchero
usan W. MC
R:resosCSD~;19-10 3
FXHIBITA
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
SFRVICF I FVFI S q, C, AND D
On July 1, 1998, MuniFinancial, Inc. was retained by the City of Temecula to
prepare the Annual Levy Report for the Temecula Community Services District (TCSD)
for the Fiscal Year 1999-2000. Pursuant to the Community Services Distdct Law,
Division 3 of Title 6 of the Government Code of the State of California, commencing with
Section 61000 et se(;I.. 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:
Service Level B - Residential Street lights. Operations, maintenance,
utility costs and administration of all residential street lights.
Service level C - Perimeter I.ndscaping -nd Slope Maintenance.
Operations, maintenance, utility costs, improvements, and administration
for all perimeter landscaping and slope maintenance areas maintained by
the TCSD.
Service level D - Refuse Collection. Recycling -nd Street Sweeping.
Operations and administration of the refuse and recycling program, and
street sweeping services for all single-family residential homes.
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The Financial Analysis contained herein includes Service Levels B, C, and D with their
total levy budgets for Fiscal Year 1999-2000 to be as follows:
SFRVICF I FVFI/I FVY RUDGFT
Service Level B $ 321,899.00
Service Level C $ 559,842.00
Service Level D $2,317,653.00
RATF I FVF:I PARCI=I CHARGF
N/A $ 25.68
C-1 $46.OO
C-2 $ 89.00
C-3 $116.00
C-4 $175.00
$172.56
TOTAL TCSD LEVY
FOR SERVICE LEVELS
B, C, AND D:
$3,199,394.00
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