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HomeMy WebLinkAbout19-04 TCSD Resolution RESOLUTION NO. CSD 19-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR MAINTENANCE IN THE EXISTING TEMECULA COMMUNITY SERVICES DISTRICT, FOR FY 2019-20, PROPOSING CERTAIN CHANGES TO THE ASSESSMENTS AND AUTHORIZED IMPROVEMENTS, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON WHEREAS, upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD" or "District"),to provide specified services to properties within its jurisdiction; and WHEREAS, on May 28, 2019, the District adopted a resolution initiating proceeding for the District's annual levy,and ordering the preparation of the Engineer's Report for the Fiscal Year 2019-20 annual levy of assessments; and WHEREAS,there are proposed new increased assessments to the District's Service Level C,Zones 1,4, 7, 10, 11, 14, 15, 17,22 and 27 (the"Zones"), contingent on approval by a majority of property owners,within each zone,in accordance with Article XIII D,section 4 of the California Constitution, and Government Code section 53753; and WHEREAS,at this time there has been presented and approved by this Board of Directors, an Engineer's Report(the"Proposition 218 Preliminary Engineer's Report Establishing Increased Assessments "Increased Assessment Report") as required by law, and this Board of Directors desires to move forth with the proceedings to make such changes to Service Level C Zones described above, and for said annual levy; NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the City of Temecula, California, SECTION 1. The above recitals are all true and correct. SECTION 2. The Increased Assessment Report regarding the Fiscal Year 2019-20 annual levy for Service Level C Zones of the District, which Increased Assessment Report describes in full detail the existing and proposed improvements,the boundaries, and the proposed assessments upon assessable lots and parcels of land within the Service Level C Zones, has been previously approved and is filed in the Office of the District Secretary. SECTION 3. The public interest and convenience requires, and it is the intention of this Board of Directors to order,the annual assessment levy for the Service Level C Zones,as set forth and described in the Increased Assessment Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance of improvements as estimated in said Increased Assessment Report. SECTION 4. The assessments levied and collected in Service Level C Zones shall be for the maintenance of certain landscaping improvements, as set forth in the Increased Assessment Report on file with the District Secretary, referenced and so incorporated herein. The Increased Assessment Report further describes cost of maintaining the improvements, subject to approval by landowners in accordance with Article XIII D, section 4 of the California Constitution, and Government Code section 53753. The assessments for properties within Service Level C Zones are proposed to increase from Fiscal Year 2018-19 above the maximum rates approved by the Board of Directors. SECTION 5. After the public hearing called pursuant to Section 8 below, the County Auditor shall enter on the Assessment Roll, the amount of the assessments, and shall collect said assessments at the same time and in the same manner as County taxes are collected. After collection, the net amount of the assessments, after the deduction of any compensation due to the County for collection,shall be paid to the Treasurer of the City of Temecula for purposes of paying for the costs and expenses of said Service Level C Zones. SECTION 6. Said maintenance work is,in the opinion of this Board of Directors,of direct special benefit to the properties within the boundaries of Service Level C Zones,and this Board of Directors makes the costs and expenses of said maintenance chargeable upon Service Level C Zones of the District, of which this Board of Directors hereby declares to receive special benefit from said improvements and their maintenance thereof, and to be further assessed to pay the costs and expenses thereof. Said Service Level C Zones shall include each and every parcel of land within the boundaries of said Service Level C Zones, as said Zone is shown within the Increased Assessment Report,as approved by this Board of Directors and on file in the Office of the District Secretary, and so designated by the name of the District and the Zone therein. SECTION 7. Any public properties,as defined in the Law,which are included within the boundaries of the District, shall be subject to any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work. SECTION 8. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS SCHEDULED FOR 7:00 P.M. ON JULY 23, 2019, DURING THE REGULAR MEETING OF THE TEMECULA BOARD OF DIRECTORS, CITY HALL COUNCIL CHAMBERS, 41000 MAIN STREET, TEMECULA, CA 92590, REGARDING THE INCREASED ASSESSMENT FOR SERVICE LEVEL C ZONES, THE EXTENT OF THE MAINTENANCE AND IMPROVEMENTS WITHIN SERVICE LEVEL C ZONES, AND ANY OTHER MATTERS CONTAINED WITHIN THIS RESOLUTION RELATING TO SERVICE LEVEL C ZONES. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE DISTRICT SECRETARY PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. SECTION 9. That the Public Works Department is directed to take all actions necessary to provide notice of the public hearing set in Section 8 above in accordance with Streets and Highways Code section 22626(b), Government Code section 53753, and Article XIII D, section 4 of the California Constitution the owners of all parcels within Service Level C Zones. SECTION 10. The District Secretary shall certify to the adoption of this Resolution. 2 PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 28th day of May 2019. James Stewart, President ATT Randi o , Secretary [SEAL] 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 19-04 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 28th day of May, 2019,by the following vote: AYES: 4 BOARD MEMBERS: Edwards,Naggar, Rahn, Schwank NOES: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Stewart Randi Johl, Secretary I I