HomeMy WebLinkAbout18-04 TCSD Resolution RESOLUTION NO. CSD 18-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT OF
THE CITY OF TEMECULA ADOPTING RATES AND
CHARGES FOR SERVICE LEVEL B — RESIDENTIAL
STREET LIGHTING, SERVICE LEVEL C — PERIMETER
LANDSCAPING, SERVICE LEVEL D — RECYCLING AND
REFUSE COLLECTION, AND SERVICE LEVEL R —
EMERGENCY UNPAVED ROAD MAINTENANCE
SERVICES FOR FISCAL YEAR 2018-19
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE 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 Section 61115, 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 collected within the TCSD in the same manner
prescribed by Government Code Section 61115. By previous resolution, the TCSD
proposed to continue such rates and charges for the operation, maintenance, service
and administration of residential street lighting, perimeter landscaping, recycling and
refuse collection, and emergency unpaved road maintenance services for Fiscal Year
2018-19.
Section 3. Pursuant to Government Code Section 61115, 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 2018-19. 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 of 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 hearing on the Report and
the proposed rates and charges. Notice of the public hearing was mailed as required by
law on June 7, 2018 calling for a public hearing on July 24, 2018. Notice was published
TCSD Resos 18-04 1
as required by law and affidavits of publication and mailing are on file with the Secretary
of the TCSD.
Section 5. On July 24, 2018, the Board of Directors held a duly noticed public
hearing at which public hearing, the Board of Directors heard and considered all oral
and written objections, protests and comments by interested person concerning the
Report, the proposed rates and charges, and the method of collection of such rates and
charges.
Section 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" do not exceed the
reasonable cost of the services to be provided by the TCSD for Fiscal Year 2018-19.
Section 7. The Board of Directors hereby overrules any and all objections and
protests and adopts the rates and charges for residential street lighting, perimeter
landscaping, recycling and refuse collection and emergency unpaved road maintenance
services for Fiscal Year 2018-19 as set out on Exhibit A.
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 or 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 2018-19, or claims that an error
has been made with respect to the implantation 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, 2018, 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 2018-19 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,
TCSD Resos 18-04 2
2018, 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, 2018, the Report and the property tax roll with such rates and charges enumerated
for each parcel not exempt there from; and the County Auditor is hereby designated,
required, empowered, authorized, instructed, directed and ordered to make collection of
such rates and charges as shown on that roll and to perform any and all duties
necessary therefore.
Section 12. 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 13. 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 of the City of Temecula this 24th day of July,
2018.
Jeff Comerchero, President
A -X7
Randi Johl, Secretary
[SEAL]
TCSD Resos 18-04 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I; Rand! Johl, Secretary of the Temecula Community Services District of the City of
Temecula, do hereby certify that the foregoing Resolution No. CSD 18-04 was duly and
regularly adopted by the Board of Directors of the Temecula Community Services District
of the City of Temecula at a meeting thereof held on the 24th day of July, 2018, by the
following vote:
AYES: 4 BOARD MEMBERS: Edwards, Naggar, Rahn, Comerchero
NOES: 0 BOARD MEMBERS: None
ABSTAIN: 0 BOARD MEMBERS: None
ABSENT: 1 BOARD MEMBERS: Stewart
Randi Johl, Secretary
TCSD Resos 18-04 4