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Home My WebLink About01-03 CC OrdinanceORDINANCE NO. 01-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, LEVYING A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE TERRITORY ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED AS LAFCO NO. 2000-10-1 (VAIL RANCH) THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings: A. By Ordinance No. 99-11, the City Council of the City of Temecula approved the levy of a special tax to finance the operation, maintenance and servicing of public parks and recreational facilities, recreational and community services programs, median landscaping, artedal street lights and traffic signals within the territory planned to be annexed to the City as part of the reorganization designated as LAFCO No. 98-14-1 (the "Redhawk and Vail Ranch Reorganization"). The territory involved in the Redhawk and Vail Ranch Reorganization was comprised of the Redhawk specific plan area (the "Redhawk Community") and the Vail Ranch specific plan area (the "Vail Ranch Community"). B. In the November 2, 1999 consolidated election, the levy of th.e special tax was submitted to the registered voters of the Vail Ranch Community as Measure M. Measure M received approximately 90% approval from the Vail Ranch voters, who were the only voters to whom Measure M was submitted. This 90% approval far exceeded the two-thirds approval required under Articles XIIIA and XIIIC of the California Constitution. The levy of the special tax was separately submitted as Measure O to the registered voters of the Redhawk Community, who did not approve the tax by the necessary two-thirds vote. C. Subsequent to the adoption of Ordinance No. 99-11 and the approval of Measure M by the Vail Ranch electorate, the Redhawk and Vail Ranch Reorganization was not completed. However, the annexation of the Vail Ranch Community to the City is now planned as part of the reorganization designated as LAFCO No. 2000-10-1 (the "Vail Ranch Reorganization"). D. By this ordinance, the City Council of the City of Temecula intends to implement the special tax previously approved by the voters of Vail Ranch through their approval of Measure M. This ordinance does not increase the rate of the previously approved tax beyond the level approved by Ordinance No. 99-11 and Measure M, nor does it revise the taxation methodology so as to result in an increased amount being levied on any parcel. E. As part of the Vail Ranch Reorganization, the Vail Ranch Community will be detached from Riverside County Service Area No. 143 ("CSA 143"). Upon detachment, the Community will no longer be subject to taxes and charges levied by CSA 143 for the provision of park and R:Ords2001~2001-03 I recreation s~rvices, median/slope maintenance, and street lighting. The taxes and charges currently levied by CSA 143 are of a higher rate than those proposed to be charged by the City, pursuant to this Ordinance, and by the Temecula Community Services District, by its Resolution No. TCSD 2001-04. Therefore, a result of the reorganization will be that property owners in the Vail Ranch Community will experience a decrease in the special taxes and rates and charges that burden their property. F. On February 13, 2001, the City Council held a public headng on the proposed extension of the special tax to the Vail Ranch Community. A notice of the proposed adoption of the special tax and the history of the voter approval of Measure M was mailed to all owners of property within the Vail Ranch Community. At the public hearing, all oral and wdtten objections, protests and comments by any interested person concerning the proposed rates and charges were heard and considered. Section 2. Pursuant to the authority of Article Xl, Section 7 of the Califomia Constitution, Govemment Code Section 37100.5, and other applicable law, there is hereby levied and assessed a special tax by the City of Temecula on each parcel of property in the territory annexed to the City of Temecula as part of the reorganization designated as LAFCO No. 2000-10- 1 (Vail Ranch) for each fiscal year, commencing with fiscal year 2001-2002. Section 3. The maximum amount of said special tax for each fiscal year shall be $74.44 per single-family residential dwelling unit, $55.84 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property, $148.88 per acre of golf course property and $37.22 per acre for agricultural uses. Section 4. The special tax imposed by this ordinance shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of Temecula by the persons who own the parcel on the date the tax is due. Section 5. The revenue raised by the special tax imposed by this ordinance shall be placed in a special fund to be used only for the purposes of operating, maintaining, and servicing public parks and recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 6. The City Council, by three (3) affirmative votes, is empowered to establish the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 3 of this ordinance, as is required to provide an adequate level of service in accordance with the purposes set forth in this ordinance. Section 7. The City Council shall be empowered to amend this ordinance by three (3) affin'native votes of the members thereof for the purposes of carrying out the general purposes of this ordinance in order to conform to state law that permits the County Tax Collector, or other R:Ords2001~001-03 2 proper official, to collect a special tax such as is levied by this ordinance in conjunction with County taxes or in order to assign duties pursuant to the ordinance to other officers. Section 8. No section of this ordinance shall be construed to permit, and the City Council is expressly prohibited from, increasing the amounts of the special tax imposed by this ordinance beyond the maximum amounts set forth in this ordinance. Section 9. A property owner subject to the special tax may appeal the amount of the special tax to be levied on such property owner's property pursuant to standards and procedures established by resolution of the City Council. Section 19. If a property owner subject to the special tax believes that payment of the special tax during a specific fiscal year would create a hardship for that property owner during that fiscal year, such property owners may appeal the levy by filing a hardship appeal pursuant to standards and procedures established by resolution of the City Council. Section '1t. The special tax imposed by this ordinance shall not be imposed upon a federal or state governmental agency or another local govemmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 12. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The City Council does hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional. Section '13. This ordinance, orany provisions thereof other than those provisions, if any, which provide for modification by the City Council of the City of Temecula, may only be amended or repealed by approval of two-thirds (2/3) of the voters voting on the ordinance or provisions thereof at any initiative or referendum election. Section '14. Pursuant to the Califomia Environmental Quality Act (CEQA), the levy and collection of these taxes is exempt from CEQA pursuant to Public Resources Code Section 21Q80(b)(8) and Section 15273 of the State CEQA Guidelines because the rates and charges are necessary to maintain existing improvements within the City. Section 15. Pursuant to Section 36937 of the California Government Code, this Ordinance shall take effect immediately. Section '15. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause same to be published a,s required by law. R:Ords2001~2001-03 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 13t~ day of February, 2001. A"FI'EST: Comerchero, Mayor [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 01-03 was duly adopted and passed at a regular meeting of the City Council on the 13t~ day of February, 2001, by the following vote: AYES:. 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Naggar, Pratt, Roberts, Stone, Comerchem None None SL(san W. J~n~s, CMC ~/] City Clerk R:Ords2001~001-03 4