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Home My WebLink About97-04 TCSD ResolutionRESOLUTION NO. CSD 9%04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR RESIDENTIAL STREET LIGHTING, SLOPE MAINTENANCE, RECYCLING AND REFUSE COLLECTION AND STREET AND ROAD IMPROVEMENTS FOR FISCAL YEAR 1997-98 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 District ("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, recycling and refuse collection, and street and road improvements for Fiscal Year 1997-98. 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 1997/98. The Report is based upon the estimated costs for the proposed services for specific areas where such services are provided, including necessary staff and administrative expenses. 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 and published as required by law and affidavits of publication and mailing are on file with the Secretary of the TCSD. Section 5. On May 13, 1997, 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 protests and comments by any interested person concerning the proposed rates and charges or the method of their collection. ~C~ction 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" are the reasonable cost of the services to be provided by the TCSD for Fiscal Year 1997-98. Section 7. The Board of Directors hereby adopts the rates and charges for Fiscal Year 1997-98 as set out on Exhibit "A" for the services to be provided by the TCSD for Fiscal Year 1997-98. Section 8. The proposed Fiscal Year 1997-98 rates and charges shall become effective on July 1, 1997, except that the proposed increase in Service Level C rates and charges for the Rancho Highlands Development (Tract Nos. 20643, 20644, 22203, 22204, 22760, 22761, and 22762) shall become effective only upon approval by a majority vote of the property owners of the property subject to the increased rates and charges. In the event that the owners of properties within those tracts do not approve the increased rates and charges, those properties shall be subject to Fiscal Year 1997-98 Service Level C rates and charges at the same rate as those levied in Fiscal Year 1996-97. Section 9. 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 thermfter 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 10. 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, 1997, pursuant to procedures established by the TCSD. Section 11. If a property owner subject to these rates and charges believes that payment of the rates and charges for Fiscal Year 1997-98 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, 1997, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. R¢sos.csd\97-04 2 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, 1997, 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 neces~ therefor. Section ! 3. 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 this 13th day of May, 1997. ~.~ey E. Stone, President A~ITEST: Greek, ~MC/AAE Secre~ Clerk [SEAL] Resos.cad\97-04 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECLILA ) I I-IEREBY CERTIFY that the foregoing Resolution No. CSD 97-04 was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 13th day of May, 1997, by the following vote of the Board of Directors. AYES: 5 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None June S. (Greek/CMC/AAE District S e~gbad'y/City Clerk Resos.csd\97-04 4 EXHIRITA PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On July 1, 1996, Muni Financial, 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 1997-98. 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 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 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. The TCSD is currently composed of four (4) service levels. The descriptions of the service levels are as follows: Service Ievel B - Residential Street l,ights. Operations, maintenance utility costs and administration of all residential street lights. Service level C -Perimeter l~andscaping and 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 and Street Sweeping. Operations and administration of the refuse and recycling program, and street sweeping services for all single-family residential homes. Service level R - Streets and Roads. Construction, installation, and maintenance of streets and roads. Resos.cad\97-04 5 The Financial Analysis contained herein includes each Service Level with their total levy budgets for Fiscal Year 1997-98 to be as follows: SERVICE I,EVEI JI ,EVY BUDGET Service Level B $ 267,688.00 Service Level C $ 528,896.00 Service Level D Service Level R $1,996,334.00 $ 16,135.00 RATE I,EVEI, PARCEL CHARGE $ 25.68 C-1 $ 46.00 C-2 $ 89.00 C-3 $116.00 C-4 $175.00 $162.78 R-1 Improved $157.08 R-1 Unimproved $ 78.54 R-2 Improved $121.92 R-2 Unimproved $ 60.96 TOTAL TCSD LEVY: $2,809,053.00 R¢sos.csd\97-04 6