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HomeMy WebLinkAbout2023-049 - Resolution RESOLUTION NO. 2023-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA, ANNEXATION NO. 2023-6 WHEREAS, the City Council of the City of Rancho Cucamonga, California (the "City Council") has previously formed Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga ("CFD No. 2022-01") pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act'), as amended, for the purpose of financing certain municipal maintenance services; and WHEREAS, acting pursuant to the Act, the City Council also authorized by the adoption of Resolution No. 2023-6 (the "Resolution Authorizing Future Annexation") the annexation in the future of territory to CFD No. 2022-01, such territory designated as Future Annexation Area, Community Facilities District No. 2022-01 (the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain territory located within the Future Annexation Area to CFD No. 2022-01 has been received from the property owner of such territory, and such territory has been designated as ANNEXATION NO. 2023-6 (the "Territory"); and WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Rancho Cucamonga has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit "A" hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and Resolution No. 2023-049 — Page 1 of 5 WHEREAS, a map showing the Territory and designated as Annexation Map No. 2023-6 (the "Annexation Map"), a copy of which is attached as Exhibit"B" hereto and incorporated herein by this reference, has been submitted to this legislative body. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2022-01, as follows: Section 1. Recitals. The above recitals are true and correct. Section 2. Findings. This legislative body does hereby further determine as follows: A. The unanimous consent as described in the recitals hereto to the annexation of the Territory to CFD No. 2022-01 has been given by the owner of the Territory and such consent shall be kept on file in the Office of the City Clerk of the City of Rancho Cucamonga. B. Less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the each of the parcels located within the Territory, therefore, pursuant to the Act the qualified elector for the Territory shall be the "landowner" of the Territory as such term is defined in Government Code Section 53317(f). C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 2022-01. Section 3. Territory. The boundaries and parcels of property within the Territory and on which special taxes will be levied in order to pay for the costs and expenses of authorized municipal maintenance services are shown on the Annexation Map as submitted to and hereby approved by this legislative body. Section 4. Declaration of Annexation. This legislative body does hereby determine and declare that the Territory, and each parcel therein, is now added to and becomes a part of CFD No. 2022-01. The City Council, acting as the legislative body of CFD No. 2022-01, is hereby empowered to levy the authorized special tax within the Territory. Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. Section 6. Effective Date. This Resolution shall become effective upon its adoption. Resolution No. 2023-049— Page 2 of 5 PASSED, APPROVED, and ADOPTED this 7th day of June, 2023. 1 dD�1 — 94"I"1Z L. Dennis Michael, Vayor ATTEST: ice C. Reynolds, City Jerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 7th day of June, 2023. AYES: Hutchison, Kennedy, Michael, Scott NOES: None ABSENT: Stickler ABSTAINED: None Executed this 81h day of June, 2023, at Rancho Cucamonga, California. nice C. Reynolds, Ci Clerk Resolution No. 2023-049— Page 3 of 5 EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss. CITY OF RANCHO CUCAMONGA) The undersigned, ELECTION OFFICIAL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA SPECIAL ELECTION ANNEXATION NO. 2023-6 held on the election date established for each parcel located within the territory included in Annexation No. 2023-6 1 FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES / NO ---- WITNESS my hand this day of LEC OFFICIAL ERK CITY OF RANCHO CUCAMONGA OF THE STATE OF CALIFORNIA Resolution No. 2023-049 — Page 4 of 5 SHEET 1 OF 1 ANNEXATION MAP NO. 2023-6 OF COMMUNITY FACILITIES DISTRICT NO.2022-01 ;STREET LIGHTING SERVICES)OF THE CITY OF RANCHO CUCAMONGA LEGAL DESCRIPTION COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA ASSESSOR PARCEL NUMBER:1061-721-28-0000 9 TRACT 7219 LOT 4 SIGNATURECD . r�w JASON WELDAY N CITY ENGINEER • VICINITY II S MAP O CITY OF RANCHO CUCAMONGA CERTIFICATION C FLED N THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA, j CALIFORNIA THS_DAY 2023. D Z 0 CITY CLERK m ; > Q CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA m X Q Q N 1 HEREBY CERTIFY THAT THE WITHIN ANNEXATION MAP SHOWING BOUNDARIES ^ -� Q J O OF TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.2022-01 IV -J 0.' (STREET UGIITING SERVICES)OF THE CITY OF RANCHO CUCAMONGA, D I. Q W COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,WAS APPROVED BY W o L) O d THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AT A REGULAR O MEETING THEREOF,HELD ON THE DAY OF 2023,BY ITS RESOLUTION NO. .THIS ANNEXATION MAP AMENDS THE Z IIC-M�I CO BEECHWOOD DR BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO.2022-01(STREET W LIGHTING SERACES)OF THE CITY OF RANCHO CUCAMONGA,COUNTY OF SAN BERNARONO,STATE OF CALIFORNIA,PREVIOUSLY RECORDED AS D a) N DOCUMENT NO. 2022-0167399 AT 300K 90 AT PAGE 22 OF MAPS OF (c Z N ASSESSMENTS AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF d n THE COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO,CALIFORNIA- 0 CITY CLERK -h CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA cn SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS MAP HAS 3EEN FILED UNDER DOCUMENT NUMBER -� THIS_DAY OF .2023,AT M.IN BOOK �'. OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE AT THE REQUEST OF IN THE AMOUNT OF S LEGEND CHRIS WILHITE '.. ASSESSOR-RECORDER-CLERK I SAN O BERNARDINO COUNTY ANNEXATION 2023 6 1�/1 f ! By CITY PARCELS OOIS C.22. D IU-" _ DEPUTY RECORDER '',.