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HomeMy WebLinkAbout00_016 TCSD ResolutionRESOLUTION NO. CSD 2000-16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT NO. 23513 BEGINNING FISCAL YEAR 2001-2002 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 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 2. The TCSD provides long-term residential street lighting, and refuse collection services in numerous residential developments within the City of Temecula. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), and refuse collection (Service Level D) 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, its general taxes in the manner prescribed by Govemment Code Sections 61765.2 to 61765.6, inclusive. Section 3. The TCSD hereby initiates proceedings to provide residential street lighting, and refuse collection services within Tract No. 23513 beginning Fiscal Year 2001-2002. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of the real property and the proposed amount of the Service Level B and Service Level D rates and charges required for residential street lighting, and refuse collection services provided to each parcel within · Tract No. 23513 beginning fiscal year 2001-2002. 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, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charges are 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. The Report is described as Exhibit A to this resolution. R:Resos CSD2000-16 I Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of November 28, 2000 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed Service Level B, and Service Level D rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The 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 10th day of October 2000. ", STATE OF'gA_L, IFORNIA ) ¢'( U ,TY,_'-O' "RIVERSlDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk/District Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 2000-16 was duly and regularly adopted by the board of Directors of the Temecula Community Services District at a 'regular meeting thereof held on 10TM day of October, 2000. AYES: 5 DIRECTORS: Naggar, Pratt, Roberts, Stone and Comerchero NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None R:Resos CSD2000-16 2 Exhibit A CITY OF TEMECULA TRACT NO. 23513 INITIAL LEVY REPORT Service Levels B, and D Temecula Community Services District (TCSD) Commencing Fiscal Year 2001/2002 INTENT MEETING: October 10, 2000 PUBLIC HEARING: November 28, 2000 Notice of levy 1 INTRODUCTION: Upon incorporation of the City of Temecula ("City"), effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD") to provide specified services to properties within its jurisdiction previously provided by the County of Riverside ("County"). The boundary of the TCSD is coterminous with the City boundary, and includes all parcels within the City with the City Council acting as the Board of Directors ("Board") for the TCSD. The TCSD collects property-related fees and charges ("Charges") in order to provide services and maintain the improvements within the TCSD. The TCSD was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code, ("CSD Law"). Each fiscal year, an Annual Levy Report is prepared, filed and approved by the Board. This Annual Levy Report describes the TOSD, any changes to the TCSD and the proposed Charges for the fiscal year. The Charges contained in the Annual Levy Report are based on the historical and estimated cost to service properties within the TCSD. The services provided by the TCSD and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The TCSD provides residential street lighting, perimeter landscaping and slope maintenance, refuse collection in numerous residential developments, and road improvement and maintenance within specified areas of the TCSD. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), refuse collection (Service Level D), and road improvement and maintenance (Service Level R) services furnished by the TCSD, 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, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Pursuant to Government Code Section 61621.2, this Initial Levy Report ("Report") is prepared and presented to the Board to prescribe Service Level B and Service Level D Rates and Charges for the parcels and territory identified as Trac~ No. 23513 beginning in FY 2001-2002. The territory and properties identified and described in this Report includes all parcels within Tract 23513, a future residential development that consists of 6.12 acres of vacant property located on the north side of Santiago Road, between John Warner Road and Margarita Road, with 11 planned residential units. The owner of record (sole property owner) has requested that the TCSD establish the parcel charges necessary to provide ongoing revenue for residential street lighting, and refuse collection services within this future residential development. Pursuant to Article XIIID of the California Constitution ("Proposition 218") and CSD Law, the TCSD is required to hold a protest hearing (the "Public Hearing") and a ballot proceeding in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the District Secretary/City Clerk that identifies all of the affected parcels and the amount of the proposed rates and charges. A notice is mailed to the property owner identifying the proposed rates and charges and the date of the Public Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a majority written protest,-then the CSD will conduct a mailed ballot proceeding not less than 45 days after the Public Hearing. The proposed rates and charges for Notice of levy 2 Service Level B cannot be imposed unless the property owner has approved the new charges. Ballot proceedings are not required to impose rates and charges for refuse collection services (Service Level D). PLANS AND SPECIFICATIONS A. General Description of TCSD Services The TCSD provides certain property related services consisting of four (4) separate Service Levels to parcels throughout the TCSD. Each parcel within the TCSD is charged for the proportional cost of the services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are prOportionately spread among all properties within that Service Level to which the service is provided. The Service Levels are identified as follows: · Residential Street Lighting · Perimeter Landscaping and Slope Maintenance (Not applicable to this Development) · Refuse Collection · Road Improvement and Maintenance (Not applicable to this Development) B. Tract 23513 Legal Description The property (Tract No. 23513) is situated in the State of California, County of Riverside, City of Temecula, and is described as follows: The land referred to is situated in the State of California, County of Riverside, City of Temecula, and is described as follows: Parcels 1, 2 and 3 together with Lettered Lots A, C, E and F of Parcel Map 8755, in the City of Temecula, County of Riverside, State of California, as per map recorded in Book 43, Page (s) 52 and 53, of Parcel Maps, in the Office of the County Recorder of said County. C. Description of Service Levels The proposed services applicable to parcels within Tract No. 23513 for which the charges will be imposed beginning Fiscal Year 2001-2002 include: residential street lighting (Service Level B) and refuse collection (Service I'evel D). Service Level B, Residential Street Lighting - includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on-going servicing, operation, and maintenance of local street lighting improvements. The current rate for Service Level B is $25.68 per residential parcel and shall be applied to parcels within Tract No. 23513 beginning Fiscal Year 2001-2002. Notice of levy 3 Service Level C, is currently not applicable to this development. Service Level D, Refuse Collection - provides for the operation and administration of the refuse collection program including recycling and street sweeping services for all single family residential homes within the TCSD. The current rate for Service Level D is $172.56 per single family residential home (developed residential parcel) and will be applied to all parcels within Tract No. 23513 that have been identified as developed with a residential home, beginning in Fiscal Year 2001-2002. Pursuant to Proposition 218, the rate and charges for this service may be increased by the TCSD after conducting and additional protest hearing on the matter. Mailed ballot proceedings are not required to establish Service Level D rates and charges. Service Level R, is not applicable to this development. METHOD OF APPORTIONMENT The cost to provide services within Tract No. 23513 will be fairly distributed among each assessable property by the same methods and formulas applied to all parcels within the various Service Levels of the TCSD. The following is the formula used to calculate each property's TCSD charges and is applied to Service Level B (Residential Street Lighting); and Service Level D (Refuse Collection): Total Balance to Levy/Total Parcels (in Service Level) = Parcel Charge The following tables (Table I and II) reflect the levy calculations for each Service Level. TABLE I Parcel Charge Calculation for Service Level B Property Type Single family residential Single family vacant Parcel Unit X 1.00 1.00 ICharge Per JParcel Parcel = Charge $25.68 $25.68 $25,68 $25.68 Multiplier Per Parcel Per Parcel A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not assessed. TABLE II Parcel Charge Calculation for Service Level D Parcel I Charge per Parcel Property Type Unit X J Parcel = Charge Single family residential 1.00 $172.56 $172.56 Multiplier Per Parcel Notice of levy 4 This charge is imposed only on developed single family residential parcels (with a residential home). Pursuant to Proposition 218, this amount may be increased by the TCSD after conducting an additional protest headng. TCSD LEVY SUMMARY AND PROPOSED CHARGES Each Service Level within the TCSD provides different and specific services to various parcels within the TCSD. The rates and charges prescribed for each service and level of service are proportionately spread to only those parcels that are provided each respective service (Service Levels). Table III below provides general levy information for the various Service Levels within the entire TCSD for Fiscal Year 2000-2001. TABLE III TCSC Budget and Service Level Summary For Fiscal Year 2000-2001 TCSD Budget and Charges Adopted in Fiscal Year 2000-2001 SERVICE LEVEL Total Levy Charge Per Total Levy Budget Levy Unit Units Service Level B Residential Street Lighting $351,765 $25.68 13,698 Service Level C Local Landscaping and Slopes Rate Level #1 (C-1) $47,886 $46.00 1,041 Rate Level #2 (C-2) $93,340 $89.00 1,060 Rate Level #3 (C-3), $191,516 $116.00 1,651 Rate Level #4 (C-4) $226,100 $175.00 1,292 Rate Level #5 (C-5) $0 $70.00 0 Rate Level #6 (C-6) $0 $225.00 0 Service Level D Refuse Collection $2,550,609 $172.56 14,781 Service Level R Road Maintenance Rate Level #1 (C-1) $7,146 $115.26 75 Rate Level #2 (C-2) $4,511 $121.92 56 Notice of levy 5 Table IV provides estimated annual ievy information for the various TCSD Service Levels proposed for Tract No. 23513 beginning Fiscal Year 2001-2002. TABLE IV Proposed Service Level Charges For Tract No 23513 Estimate Budget and Charges for Fiscal Year 2001-2002 SERVICE LEVEL Total Levy Charge Per Planne Total Budget Levy Unit d Levy Levy Units Units Service Level B: Residential Street Lighting $282 $25.68 11 11 Service Level D: Refuse Collection $1,898 $172.56 11 11 The "Total Levy Units" and the resulting "Charge Per Levy Unit" (shown in Tables III and IV), reflect a method of apportionment that most fairly apportions the costs of the services to the parcels in that Service Level. Notice of levy 6 APPENDIX A - PARCEL LISTING (FY 2000-2001) The actual parcels subject to rates and charges for Service Level B, and Service Level D beginning Fiscal Year 2001-2002 shall be those parcels within Tract No. 23513 identified on the Riverside County Secured Roll at the time all TCSD rates and charges are submitted to the County AuditodController for inclusion on the tax roll for that fiscal year. The rates and method of apportionment outlined in this Report are consistent with the rates and methods previously approved by the TCSD Board of Directors for each applicable Service Level contained herein. However, all rates and methods described in this Report are subject to revision and modification within the prescribed parameters of the law. The actual rates and charges applied on the tax roll each fiscal year shall be apportioned and submitted according to the rates and method described in the final TCSD Annual Levy Report presented and approved by the Board of Directors at an annual Public Hearing. The following pages encompass a complete listing of all parcels within Tract No. 23513 subject to the TCSD Service Level B and Service Level D rates and charges beginning Fiscal Year 2001-2002. The rates and charges applied to each newly subdivided residential parcel will reflect the services provided and the development of each respective parcel at the time the rates and charges are applied. The table below provides a summary of the total proposed rates and charges for all properties within Tract No. 23513 based on the existing rates and charges per subdivided single family residential unit: Charge per Total Levy Total Levy SERVICE LEVEL Levy Unit Units Budget Service Level B: Residential Street Lighting $25.68 11 $282 Service Level D: Refuse Collection $172.56 11 $1,898 Notice of levy 7 APPENDIX B SITE SANTIAGO DE STATE HIGHWAY 79 N.T.S. TRACT NO. Assessor's Parcel Nos.: 945-010-001,003,004 23513