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HomeMy WebLinkAbout03_007 TCSD ResolutionRESOLUTION NO. CSD 03-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING AND GIVING NOTICE OF AN ELECTION TO BE HELD ON JUNE 12, 2003 REGARDING SERVICE LEVEL C RATES AND CHARGES FOR TRACT MAP NOS. 19872-1, -2, - 3, -4, -5 AND FINAL IN ORDER TO ESTABLISH SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 2003-2004 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Pursuant to the requirements of Article XIIID, Section 6 of the California Constitution, there is hereby called and ordered to be held on June 12, 2003, an election for the purpose of submitting to the property owners of Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final (Loma Linda Tract) in the City of Temecula proposed Service Level C Rates and Charges beginning Fiscal Year 2003-2004. Section 2. Pursuant to the requirements of Article Xlll, Section 6 (a)(2) of the California Constitution, on April 22, 2003 the Board of Directors conducted a public hearing on the proposed Service Level C rates and charges. At the public hearing, the Board of Directors heard and considered all objections or protests to the proposed rates and charges. At the conclusion of the public hearing, the Board determined that written protests against the proposed fees were presented by less than a majodty of owners of the parcels on which the proposed fees were to be imposed, and levied the rates and charges subject to approval by the property owners subject to the proposed rates and charges. Section 3. The notice and ballot to be submitted to the property owners shall be substantially in the form attached as Exhibit A and incorporated herein by reference. Section 4. The Board of Directors hereby approves the Procedures for the Completion, Return and Tabulation of Ballots ("Ballot Procedures") presented to the Board at this meeting and directs such procedures be placed on file in the office of the Secretary of the Temecula Community Services District and open to public inspection. Section 5. All ballots must be received by the Secretary of the Temecula Community Services District no later than 3:30 p.m. on June 12, 2003. In all particulars not recited in this Resolution, the election shall be held and conducted as provided in the Ballot Procedures. Section 6. The Secretary of the Temecula Community Services District is hereby authorized to canvass the returns of the election. The officers and staff of the Temecula Community Services District are hereby authorized and directed to take such further action as may be necessary or appropriate in preparing for and conducting the election. R:/CSD Resos 2003/CSD 03-07 1 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 22nd day of April, 200,3. ~~~~~  Jeff Comerchero, President ATTEST: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk/District Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 03-07 was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 22nd day of April 2003, by the following vote of the Board of Directors AYES: 5 DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None ~MC ~ ~...,,J ~.~Cle_~st rict Secretary R:/CSD Resos 2003/CSD 03-07 2 NOTICE OF ELECTION PROPOSED SERVICE LEVEL C RATESAND CHARGES FOR TRACT MAP NOS. 19872 -1, -2, -3, -4, -5 AND FINAL BEGINNING FISCAL YEAR 2003-2004. Pursuant to the request of the residents, the Temecula Community Services District (TCSD) has initiated proceedings to assume maintenance of perimeter landscaping and slope areas within Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final (Loma Linda Tract) beginning with the Fiscal Year 2003- 2004. Pursuant to this request, and 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 contains a description of each parcel of property to be charged for this maintenance and the proposed amount of the maintenance charge for each parcel for Fiscal Year 2003-2004 The proposed Service Level C rate and charge against each of the parcels for Fiscal Year 2003-2004 is $10.00 and beginning Fiscal Year 2004-2005 the proposed Service Level C rate and charge will be $20.00. The TCSD anticipates only maintaining the landscaping for six (6) months of Fiscal Year 2003-2004, therefore the assessment amount has been reduced to half the proposed annual assessment required beginning Fiscal Year 2004-2005. The proposed levy rate of $10.00 and then $20.00 per parcel provides revenue for the maintenance of perimeter landscaping and slope areas within this subdivision. This amount was calculated by dividing the total estimated maintenance cost of the development $8,400.00 by the total number of parcels within the subdivision. On April 22, 2003 the Board of Directors conducted a public hearing on the Report and the proposed Service Level C rates and charges. At the public hearing, the Board of Directors heard and considered all objections or protests to the Report and to the proposed rates and charges. At the conclusion of the public hearing, the Board determined that written protests against the proposed fees were presented by less than a majority of owners of the parcels on which the proposed fees were to be imposed, and levied the rates and charges subject to approval by the property owners subject to the proposed rates and charges. The Board of Directors encourages you to return the enclosed ballot indicating whether you support or oppose the proposed Service Level C rates and charges. Ballots may be mailed to the City Clerk/District Secretary at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California, 92590 no later than 3:30 p.m. on June 12, 2003. The proposed Service Level C rates and charges will be abandoned if the ballot is not returned in favor of the proposed rates and charges. In the event the proposed charges are abandoned, the property owners will continue to assume responsibility for perimeter landscaping and slope maintenance services within their property boundaries. Enclosed is your ballot and the District's Procedures for the completion, return and tabulation of Ballots. Please consult these Procedures for details regarding the ballot process. You may also contact the City Clerk/District Secretary's Office at (909) 694-6~/.~.; by mail, at P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590, for further information regarding this matter. R:~smithb~EI6ctions\Pechanga Parkway~Loma Linda Tract Notice of Election (BSMITH version with RWW revs).DOC04/15/2003 ~ ) EXHIBIT A OFFICIAL BALLOT TRACT NO. 19872-1, -2, -3, -4, -5 and Final TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL C RATES AND CHARGES FOR PERIMETER AND SLOPE LANDSCAPE MAINTENANCE PROPERTY: Situs Address via mail merge OWNER: Property Owner Name and Address via mail merge YES, I approve of the proposed annual levy of $10.00 for Service Level C for Fiscal Year 2003-2004 and $20.00 for Service Level C beginning Fiscal Year 2004-2005 on the parcel identified on this ballot. NO, I do not approve of the proposed annual levy of $10.00 for Service Level C for Fiscal Year 2003-2004 and $20.00 for Service Level C beginning Fiscal Year 2004- 2005 on the parcel identified on this ballot. I hereby declare, under penalty of perjury that I am the recorded owner, or the authorized representative of the recorded owner, of the parcels identified above. Signature Print Name Date CHECK ONLY ONE BOX. BALLOTS MUST BE COMPLETED IN INK AND RETURNED TO THE CITY CLERK/DISTRICT SECRETARY AT THE CITY OF TEMECULA, P.O. BOX 9033/43200 BUSINESS PARK DRIVE, TEMECULA, CALIFORNIA, 92589-9033 PRIOR TO 3:30 P.M. ON JUNE 12, 2003. R:ksmithb~Elecfions~Pechanga Parkway~Ballot Form.doc 04/15/2003