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HomeMy WebLinkAbout03_021 TCSD ResolutionRESOLUTION NO. CSD 03-21 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING SERVICE LEVEL B (RESIDENTIAL STREET LIGHTS) RATES AND CHARGES WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-3 SUBJECT TO TVVO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA 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 Ternecuia 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 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 manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. By its Resolution No. 53-03, the Riverside County Local Agency Formation Commission ordered the reorganization designated as LAFCO 2003-26-02, a reorganization to include annexation of Redhawk to the City of Temecula and the Temecula Community Services District and concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources Management District ("Redhawk Annexation"). The Redhawk Annexation specifies the area to be annexed to the City of Temecula and the Temecula Community Services District, which area includes the Redhawk Specific Plan Area ("Redhawk Annexation Area"). Such reorganization is subject to two-thirds (2/3) voter approval by the residents of the annexed area of rates and charges against parcels within that area for street lighting and slope maintenance provided by the TCSD to those parcels within the Redhawk Annexatio0 Area. Section 4. On November 25, 2003, a public hearing was conducted on the proposed rates and charges and the authorization to impose the rates and charges in the Redhawk Annexation Area. At the public hearing, all oral and written objections and comments by any interested person concerning the proposed rates and charges were heard and considered. Section 5. The Board of Directors hereby finds and determines that, based on the information set forth in the administrative record of the November 25, 2003 public hearing, 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 2004-05. The Board of Directors will hold additional public hearings in January 2004 and June 2005 for the purpose of formally R:/'rCSD Resos 2003/TCSD 03-21 I reviewing the rates and charges prior to their implementation on July 1, 2005. The Rates and Charges will not be imposed unless they are approved by a two-thirds vote of the voters voting on the matter in an election on March 2, 2004. Section 6. The Board of Directors hereby adopts the following rates and charges for fiscal year 2004-05 for the services to be provided by the TCSD for fiscal year 2004-05 subject to two-thirds voter approval: Service Level B - Residential Street Liqht.~. $25.68 per improved residential lot for parcels in the Redhawk Annexation Area. Section 7. When approved by two-thirds of the voters voting within the Redhawk Annexation Area, this Resolution shall constitute the voter approval authorizing the imposition of the rates and charges in the Redhawk Annexation Area pursuant to Article XIII D if the California Constitution and applicable law. When so approved, this Resolution shall also authorize the Board of Directors to adjust the rates and charges and the collection procedures for the rates and charges each year in accordance with and pursuant to the public hearing procedures and other applicable procedures set forth in California law. Prior to the implementation of the rates and charges specifically set forth in Section 6 of this Resolution on July 1, 2005, the Board of Directors is hereby authorized to reduce said rates and charges to the extent required by law following further public hearings on the rates and charges in January 2003 and June 2005. Such hearings shall be noticed and conducted in accordance with applicable California law. Section 8. 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 encumbrance 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 2005-06, 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, 2005, 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 2005-06 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, 2005, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. R:/TCSD Resos 2003,q'CSD 03-21 2 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. Additionally, both the City Council and the Riverside County Local Agency Formation Commission have duly considered the environmental impacts of the proposed Redhawk Annexation and each have adopted a Negative Declaration indicating that all adverse environmental impacts from the Redhawk Annexation have been mitigated. Resolution. Section 11. The Secretary of the TCSD shall certify to the adoption of this Section 12. The rates and charges adopted by this resolution shall take effect on July 1, 2005 only if they are approved by a two-thirds (2/3) vote of the electorate within the Redhawk Annexation Area voting at an election to be held on March 2, 2004, in accordance with the requirements of California Constitution Article XIII D. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 25th day of November, 2003. Jeff Comerchero President ATTEST: [SEAL] R:Fi'CSD Resos 2003rrCSD 03-21 3 STATE Of CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Secretary for the Temecula Community Services District, do hereby certify that foregoing Resolution No. CSD 03-21 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held this 25th day of November, 2003, by the following vote: AYES: 5 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: ABSTAIN: 0 DIRECTORS: Naggar, Roberts, Stone, Washington, Comerchero None None None R:/TCSD Resos 2003/'1'CSD 03-21 4