HomeMy WebLinkAbout99_013 TCSD ResolutionRESOLUTION NO. TCSD 99-13
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL
D RATES AND CHARGES WITHIN THE TERRITORY TO BE
ANNEXED TO THE TEMECULA COMMUNITY SERVICES
DISTRICT AS PART OF THE REORGANIZATION
DESIGNATED AS LAFCO NO. 98-14-1 (REDHAWK AND VAIL
RANCH) FOR FISCAL YEAR 2000-01
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
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. Pursuant to Government Code Sections 61621 and 61621.2, the
TCSD has prescribed, revised and collected rates and charges for services fumished 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 collected within the TCSD in the manner prescribed by Government Code Sections
61765.2 to 61765.6, inclusive.
Section 3. By its Resolution No. 99-59, the City Council ordered the
reorganization designated as LAFCO No. 98-14-1, including the annexation of the Redhawk
and Vail Ranch specific plan areas to the Temecula Community Services District. Such
reorganization was ordered subject to two-thirds voter approval by the residents of the
Redhawk specific plan area of rates and charges against parcels within that area for street
lighting, slope maintenance, and refuse collection services provided by the TCSD to those
parcels and two-thirds voter approval by the residents of the Vail Ranch specific plan area of
rates and charges against parcels within that area for street lighting, slope maintenance, and
refuse collection services provided by the TCSD to those parcels.
Section 4. On March 23, 1999, a public hearing was conducted on the
proposed rates and charges. At the public hearing, all oral and written objections, protests and
comments by any interested person concerning the proposed rates and charges were heard
and considered. Wdtten protests against the proposed rates and charges were presented by
less than a majority of the owners of the parcels upon which the rates and charges are
proposed for imposition.
Section 5. The Board of Directors hereby finds and determines that, based on
the District budget, the rates and charges to be imposed do not exceed the reasonable cost of
the services to be provided to the affected parcels by the TCSD for fiscal year 2000-01.
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Section 6. The Board of Directors hereby overrules any and all objections and
protests and adopts the following rates and charges for fiscal year 2000-01 for the services to
be provided by the TCSD for fiscal year 2000-01:
1. Service Level B - Residential Street Li.ehts.
$25.68 per improved residential lot for parcels in the Vail Ranch specific plan area
$25.68 per improved residential lot for parcels in the Redhawk specific plan area
2. Service Level C - Perimeter Landscaping and Slope Maintenance.
$129.00 per improved residential lot for parcels in the Vail Ranch specific plan area
$206.00 per improved residential lot for parcels in the Red hawk specific plan area
3. Service Level D - Refuse Collection, indudinql Recycling and Street SweeDinc).
$170.64 per improved residential lot for parcels in the Vail Ranch specific plan area
$170.64 per improved residential lot for parcels in the Redhawk specific plan area
Section 7. The TCSD shall prescribe, revise and collect such rates and charges
pursuant to Government Code Sections 61621 and 61621.2. 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 8. If a property owner subject to these rates and charges questions the
classification of the owner's property for fiscal year 2000-01, 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, 2000,
pursuant to procedures established by the TCSD, in order to be considered under the appeal of
classification or correction of errors program.
Section 9. If a property owner subject to these rates and charges believes that
payment of the rates and charges for fiscal year 2000-01 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 Secretary of the TCSD before 5:00 p.m. on December 1, 2000,
pursuant to procedures established by the TCSD, in order to be considered under the hardship
appeal program.
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Section 10. Pursuant to the California Environmental Quality Act (CEQA), the
levy and collection of these rates and charges is exempt from CEQA pursuant to Public
Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines
because the rates and charges are necessary to maintain existing improvements within the
TCSD.
Section 11. The Secretary of the TCSD shall certify to the adoption of this
Resolution.
Section 12. The rates and charges adopted by this resolution shall take effect
only if they are approved by a 2/3 vote of the electorate residing within the Redhawk specific
plan area voting at an election to be held on November 2, 1999 and also approved by a 2/3
vote of the electorate residing with the Vail Ranch specific plan area voting at an election to be
held on November 2, 1999.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula
Community Services District this 13th day of July, 1999.
Jeff Comerchero
President
ATTE T: .
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, Secretary of the Temecula Community Services District, do hereby
certify that the foregoing Resolution No. CSD 99-13 was duly adopted by the Board of Directors
of the Temecula Community Services Distdct at a regular meeting thereof held on the 13th day
of July, 1999, by the following vote of the Board of Directors:
AYES: 4 DIRECTORS:
Lindemans, Roberts, Stone, Comerchero
NOES: 0 DIRECTORS: None
ABSTAIN: 1 DIRECTORS: Ford
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