HomeMy WebLinkAbout2023-108 - Resolution RESOLUTION NO. 2023-108
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. 2023-8
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. 2022-063 (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.
2023-8 (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. 2023-108 - Page 1 of 3
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2023-8
(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. 2023-108 - Page 2 of 3
PASSED, APPROVED, and ADOPTED this 4th day of October, 2023.
L. ichael, ayor
ATTEST: anis
t1nice C. Reynolds, City WrIk
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 4th day of
October, 2023.
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 5th day of October, 2023, at Rancho Cucamonga, California.
J ce C. Reynolds, City CluVrk
Resolution No. 2023-108 - Page 3 of 3
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 retums 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. 2023-8
held on the election date established for each parcel located within the territory included in
Annexation No. 2023-8,
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 !7 ' day of_ YY �}' 202.�
ELECTION OFFICIAL CITY CLER T
CITY OF RANCHO CUCAMONGA
OF THE STATE OF CALIFORNIA
A- 1
SHEET 1 OF 1 ANNEXATION MAP NO. 2023-8 OF
COMMUNITY FACILITIES DISTRICT NO-2022-01 (STREET
LEGAL DESCRIPTION LIGHTING SERVICES)OF THE CITY OF RANCHO CUCAMONGA j
ASSESSOR PARCEL NUMBER:0209492-09-0000 COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA j
TRACT 16909 LOT 3 BOOK 331 PAGE 50
� 4
ASSESSOR PARCEL NUMBER:02CM92-13-0000
THAT PORTION OF LOT 2 OFTRACT NO.16909.N THE CITYOF RANCHO CUCAMONGA. �1
WUN 1 Y OF SAN k5hKNAKUINU.51AI t OF OALRUNNUL AS YEN%TA FLED IN HUUK
331 PAGES 50 THROUGH 53 INCLUSIVE OF PARCEL MAPS,I'l THE OFFICE OF THE s
COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:BEGIRNING ATA POINT IADINTry MaP
ON THE MOST EASTERLY LINE OF SAID LOT 2,DISTANT THEREON SOUTH 00 DEG ICY 04'
EAST 3520 FEET,MEASURED ALONG SAID MOST EASTERLY LUTE FROM THE INTERSECTION
WI1 H 1 HE FEEL
I NUH I HEHLY LINE OF VAKDtL 2 OF YARCtL MAY 1Y11%AS VEX MAY FILED ---
N BOOK 23E PAGES 39 THROUGH 41 INCLUSIVE OF PARCEL MAPS.IN THE OFFICEOF SAID -
COUNTY REORDER;THENCE PARALLEL WITH THE MOST NORTHERLY LINE OF PARCEL 1
OF SAID PARCEL MAP NO.19179.SOUTH 89 DEG 40'5T WEST 249.62 FEET TO THE MOST SIGNATURE:
WESTERLY LINE OF SAID LOT 2:THENCE ALONG THE BOUNDARY OF SAID LOT 2.NORTH00 JASON WELDAY
UtUI�UU'Wts1.24Y.47 Fttl,NUKIMlS0 OtG 4U'S0-tASL 4/.11 Fttl,SUVIHWOtG CRY ENGINEER - CITY OF RANCHO CUCAMONGA CEfYi1FICATION
19'W EAST 43.02 FEET.NORTH 89 DEG 40'56'EAST,202 FEETAND SCUTH 00 DEG 19w FLED IN THE OFFICE OF THE CITY CLERK OF THE CRY OF RANCHO CUCAMONGA,
EAST.208.3E FEETTO THE POINT OF BEGINNING I CALIFORNIA THIS_DAY 2023. /1�
CRY CLERK Z m
CRY OF RANCHO CUCAMONGA STATE OF CALIFOR41A m v
ARROW RTE /_�
I HEREBY CERTffY THAT THE WITHIN ANNEXATION MAP SHO'MNG BOUNDARIES
i ^— - OF TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.2022-01
(STREET LIGHTING SERVICES)OF THE CITY OF RANCHO CUCAMONGA,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,WAS APPROVED BY W
® I THE CITY COUNCIL'OF THE CITY OF RANCHO CUCAMONGA ATA REGULAR O
i MEETING THEREOF,HELD ON THE DAY OF 2023,BY Z ..
APN ITS RESOLUTIOR NO- -THIS ANNEXATION MAP AMENDS THE m
0209-092-09 BOUNDARY.MAP FOR COMMUNITY FACILITIES DISTRICT NO-2022-01(STREET V
LIGHTING SERVICES)OF THE CITY OF RANCHO CUCAMONGA,COUNTY OF
W ® SAN BERNARDINO,STATE OF CALIFORNIA,PREVX3USLY RECORDED AS D
Q > DOCUMENT NO. 2022-0167399 AT BOOK 90 AT PAGE 22 OF MAPS OF
Q Q IT[ ASSESSMENTS AND COMMUNY FACILITIES DISTRICTS IN THE OFFICE OF
THE COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO,CALIFORNIA.
APN
ZU ® 0209-092-13 = CRr CLERK
I CFTY OF RANCHO CUCAMONGA STATE OF CALIFORNIA
f I I
FM
® SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
_ ® THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
THIS_DAYOF -2023,AT M.IN BJOK
TT� OF MOPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT
III PAGE AT THE REQUEST OF
IN THE AMDUNTOFS
LEGEND N CHRIS WILHITE
ASSESSOR-RECORDER-CLERK
QANNEXATION 2023-8 �y -__` I: SAN BERNARDINO COUNTY
CITY PARCELS 00 0195 0 0.CQ S DEPUTY RE-CORDER