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HomeMy WebLinkAbout04-02 TCSD Resolution I I I RESOLUTION NO. CSD 04-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAKING CERTAIN FINDINGS FOR THE ADOPTION OF 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 TWO- 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 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 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. On November 20, 2003 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 ("Red hawk 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 Annexation 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 said public hearing, all oral and written objections and comments by any interested person concerning the proposed rates and charges were heard and considered. No written protests or objections to the proposed Rates and Charges were made at said public hearing. Section 5. On January 13, 2004, pursuant to Sections 61765.2 through 61765.6 of the Government Code, a second public hearing was conducted on the rates and charges proposed in a report entitled "TCSD Report Establishing Rates and Charges for Service Level B for the R:/CSD Rases 2004/CSD 04-02 I I Redhawk Annexation Area for Fiscal Year 2005-6" (the "Report"), which report is on file in the Office of the City Clerk. At said public hearing, all oral and written objections, protests and comments by any interested person conceming the proposed rates and charges were heard and considered. Written 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 6. The Board of Directors hereby finds and determines that, based on the information set forth in the administrative record of the November 25, 2003 and January 13, 2004 public hearings, that 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 an additional public hearing in June 2005 for the purpose of formally 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 7. 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. Section 8. The Board of Directors hereby reaffirms the Service level B (Residential Street Lights) rate and charge of $25.68 per improved residential lot for parcels in the Redhawk Annexation Area for fiscal year 2004-05 as set forth in TCSD Resolution No. 04-02 and subject to the 2/3 voter approval as described in said resolution. Section 9. The Secretary of the TCSD shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by th oar Community Services District this 13th day of January, 2004. I R:/CsD Rases 20O4/CsD 04-02 I I I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) 55 ) I, Susan W. Jones, District Secretary for the Temecula Community Services District, do hereby certify that foregoing Resolution No. CSD 04-02 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held this 13th day of January, 2004, by the following vote: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 R:/CSD Rases 20O4/CSD 04-02 DIRECTORS: None DIRECTORS: None DIRECTORS: None