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HomeMy WebLinkAbout01 ANNEX TERR/CFD 06-1 10-07-08AGENDA REPORT MEETING DATE: October 7, 2008 TO: William A. Huston, City Manager FROM: Ronald A. Nault, Finance Director SUBJECT: CONDUCT A PUBLIC HEARING AND HOLD A SPECIAL ELECTION TO ANNEX TERRITORY TO CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 SUMMARY: On September 2, 2008 the City Council adopted a Resolution stating their intention to annex territory to Community Facilities District No. 06-1. The next step in completing this annexation is to call a special election to hear protests to said annexation and, if appropriate upon closing the hearing, make certain findings of approval by adoption of attached Resolution No. 08-71 authorizing the annexation and Ordinance No. 1359 amending and restating Ordinance No. 1315 regarding the levy of special taxes within Community Facilities District No. 06-1. RECOMMENDATION: 1. Open the Public Hearing to receive testimony from interested persons for or against the proposed annexation. 2. Close the Public Hearing. 3. If approved, adopt Resolution No. 08-70, a Resolution of the City Council of the City of Tustin Calling Special Election Regarding Annexation of Territory and making the appropriate finding. 4. Adopt Resolution No. 08-71, a Resolution of the City Council of the City of Tustin Determining that the Annexation of Additional Territory to Community Facilities District No. 06-1 and the Levying of Special Taxes is lawfully authorized. 5. Conduct first reading of Ordinance No. 1359 by title only. FISCAL IMPACT: The cost of preparing and conducting these annexation proceedings will be borne by the Landowner. DISCUSSION: On September 2, 2008 the City Council began the process of annexing territory to Community Facilities District No. 06-1 at the request of the Landowners, Moffett Meadows Partners, LLC. Tonight's proceedings will complete the annexation process. Ronald A. Nault Finance Director Attachments: Resolution No. 08-70 Resolution No. 08-71 Ordinance No. 1359 First Amendment to Notice of Special Tax Lien CommunityFacilitiesDistrict06-1 PetitionToAnnexTerritoryPublicHearingStafiReport. doc RESOLUTION NO. 08-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALLING SPECIAL ELECTION REGARDING ANNEXATION OF TERRITORY TO CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City") has conducted proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Act") to establish City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District"), to authorize the levy of special taxes (the "Special Taxes") upon the land within the Community Facilities District and to issue bonds secured by the Special Taxes, the proceeds of which are to be used to finance certain public facilities; WHEREAS, on September 2, 2008, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Tustin of Intention to Annex Territory to City of Tustin Communities Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)" (the "Resolution of Intention to Annex Territory'), proposing the annexation of certain additional territory described in the Resolution of Intention to Annex Territory (the "Additional Territory') to the Community Facilities District; WHEREAS, on this date, the City Council held a noticed public hearing on the proposed annexation of the Additional Territory to the Community Facilities District, as required by the Act and the Resolution of Intention to Annex Temtory; WHEREAS, at the hearing, the testimony of all interested persons for or against the proposed annexation of the Additional Territory to the Community Facilities District or the levying of Special Taxes within the Additional Temtory proposed to be annexed was heard; WHEREAS, less than 50 percent of the registered voters, or six registered voters, whichever is more, residing within the Community Facilities District, or 50 percent of the registered voters or six registered voters, whichever is more, residing within the Additional Territory, or the owners of one-half of the area of land in the territory included in the Community Facilities District and not exempt from the Special Tax, or the owners of one-half of the area of land in the Additional Territory and not exempt from the Special Tax, filed written protests against the proposed annexation of the Additional Territory to the Community Facilities District; and WHEREAS, pursuant to Section 53339.7 of the Act, the proposition to levy the Special Taxes within the Additional Territory proposed to be annexed to the Community Facilities District is to be submitted to the qualified electors of the Additional Territory; OHS West:260516603.2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. The foregoing recitals are true and correct. Section 2. Pursuant to Section 53339.7 and Sections 53318 et seq. of the Act, the proposition to levy the Special Taxes within the Additional Territory proposed to be annexed to the Community Facilities District shall be submitted to the qualified electors of the Additional Territory at an election called therefor as provided below. Section 3. The City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the Additional Territory for each of the 90 days preceding the close of the public hearing heretofore held by the City Council for the purposes of these proceedings. Accordingly, pursuant to Sections 53326 and 53339.7 of the Act, the vote shall be by the landowners of the Additional Territory and each person who is the owner of land as of the close of said public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Additional Territory and not exempt from the Special Tax. Section 4. The City Council hereby determines that the facilities or services financed by the Community Facilities District and the Additional Territory are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring in the Community Facilities District and the Additional Territory. Section 5. Pursuant to Section 53339.7 and Sections 53318 et seq. of the Act, the City Council hereby calls and orders an election to be held within the boundaries of the Additional Territory proposed to be annexed to the Community Facilities District for the purpose of submitting to the qualified electors of the Additional Territory the proposition to levy the Special Taxes within the Additional Territory proposed to be annexed to the Community Facilities District, which election shall be held at 300 Centennial Way, Tustin, California, on October 7, 2008. The City Clerk of the City (the "City Clerk") is hereby designated as the official to conduct said election. The City Council has caused to be provided to the City Clerk the Resolution of Intention to Annex Territory, a certified map of sufficient scale and clarity to show the boundaries of the Additional Territory, and a sufficient description to allow the Clerk to determine the boundaries of the Additional Territory. The voted ballots shall be returned to the City Clerk not later than 8:00 p.m. on October 7, 2008; provided, however, that if all of the qualified electors have voted prior to such time, the election maybe closed with the concurrence of the City Clerk. Section 6. Pursuant to Section 53339.8 of the Act, the above proposition shall become effective upon the affirmative vote oftwo-thirds of the votes cast upon the proposition. Section 7. Pursuant to Sections 53326, 53327 and 53339.7 of the Act, the election shall be conducted by mail or hand-delivered ballot pursuant .to Section 4000 of the California Elections Code. The City Council hereby finds that paragraphs (a), (b), (c)(1) and (c)(3) of said Section 4000 are applicable to this special election. 2 OHS West:260516603.2 Section 8. The form of the ballot for said election is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The Clerk shall cause to be delivered to each of the qualified electors of the Additional Territory a ballot in said form. Each ballot shall indicate the number of votes to be voted by the respective landowner to which it pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The identification envelope for return of the ballot shall be enclosed with the ballot, shall have the return postage prepaid, and shall contain: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot proposition are hereby waived, as provided in Sections 53327 and 53339.7 of the Act. Section 9. The City Clerk shall accept the ballots of the qualified electors in the City Clerk's office at 300 Centennial Way, Tustin, California, to and including 8:00 p.m. on October 7, 2008, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots which may be marked at said location on the election day by said qualified electors. Section 10. The City Council hereby finds that the provision of Section 53326 of the Act requiring the special election to be held at least 90 days following the adoption of the Resolution of Intention to Annex Territory is for the protection of the qualified electors of the Additional Territory. There is on file with the City Clerk written consents and waivers executed by all of the qualified electors of the Additional Temtory consenting to a shortening of the time for said special election to expedite the process of the annexation of the Additional Territory and waiving any requirement for analysis and arguments in connection with the election. Accordingly, the City Council finds and determines that said qualified electors have been fully apprised of and have consented to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. The City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Section 11. The officers of the City are hereby authorized and directed, individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this Resolution. Section 12. This Resolution shall take effect immediately upon its adoption. 3 OHS West:260516603.2 APPROVED and ADOPTED by the City Council of the City of Tustin on October 7, 2008 Mayor Pamela Stoker, City Clerk 4 OHS West:260516603.2 EXHIBIT A OFFICIAL BALLOT CITY OF TUSTIN October 7, 2008 SPECIAL ELECTION ballot is This ballot is for a special, landowner election. The number of votes to be voted pursuant to this INSTRUCTIONS TO VOTERS: To vote on the measure, mark a cross (+) or (X) in the voting square after the word "YES" or after the word "NO". All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Tustin and obtain another. CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT N0.06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) MEASURE SUBMITTED TO VOTE OF VOTERS: Shall the City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District") be authorized to levy a special tax within the boundaries of the additional territory proposed to be annexed to the Community Facilities District in order to finance certain facilities and services, all as specified in the Resolution entitled "A Resolution of City Council of the City of Tustin of Intention to Annex Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)," adopted by the City Council of the City of Tustin on September 2, 2008, and the Resolution entitled "A Resolution of the City Council of the City of Tustin Calling Special Election Regarding Annexation of Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)," adopted by the City Council of the City of Tustin on October 7, 2008? Yes: ^ No: ^ OHS West:260516603.2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on October 7, 2008, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: An agenda of said meeting was posted at least 72 hours before said meeting at 300 Centennial Way, Tustin, California, a location freely accessible to members of the public, and a brief general description of said Resolution appeared on said agenda. I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing Resolution is a full, true and correct copy of the original Resolution adopted at said meeting and entered in said minutes; and that said Resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: , 2008 Pamela Stoker, City Clerk OHS West:260516603.2 RESOLUTION NO. 08-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN OF ANNEXATION DETERMINING THAT THE ANNEXATION OF ADDITIONAL TERRITORY TO CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) AND THE LEVYING OF SPECIAL TAXES WITHIN SUCH ADDITIONAL TERRITORY IS LAWFULLY AUTHORIZED AND DIRECTING RECORDING OF NOTICE OF SUCH ANNEXATION WHEREAS, on September 2, 2008, the City Council (the "City Council") of the City of Tustin (the "City") adopted a resolution entitled "A Resolution of City Council of the City of Tustin of Intention to Annex Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)" (the "Resolution of Intention to Annex Territory"), proposing the annexation of certain additional territory described in the Resolution of Intention to Annex Territory (the "Additional Territory") to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District") pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"); WHEREAS, on October 7, 2008, the City Council held a noticed public hearing on the proposed annexation of the Additional Territory to the Community Facilities District, as required by the Act and the Resolution of Intention to Annex Territory; WHEREAS, the proposed annexation of the Additional Territory to the Community Facilities District was not precluded by a majority protest pursuant to Section 53339.6 of the Act; WHEREAS, on October 7, 2008, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Tustin Calling Special Election Regarding Annexation of Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)" (the "Resolution Calling Election"), calling for a special election of the qualified electors within the Additional Territory; WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on October 7, 2008; and WHEREAS, the City Clerk of the City (the "City Clerk") has certified the canvass of the returns of the election and has filed a Canvass and Statement of Results of Election (the "Canvass"), a copy of which is attached hereto as Exhibit A; OHS West:260516836.2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. The foregoing recitals are true and correct. Section 2. The City Council has received, reviewed and hereby accepts the Canvass. Section 3. The City Council hereby finds and declares that the ballot proposition submitted to the qualified electors of the Additional Territory pursuant to the Resolution Calling Election has been passed and approved by two-thirds of the votes cast by such electors in accordance with Section 53339.8 of the Act. Section 4. The City Council hereby determines that the Additional Territory is added to and made a part of the Community Facilities District with full legal effect and that the City Council is authorized to levy any special tax within the Additional Territory as specified in the Resolution of Intention to Annex Territory. Section 5. The City Clerk is hereby directed to execute and cause to be recorded in the office of the Orange County Recorder a notice of the annexation pursuant to Section 53339.8 of the Act, said recording to occur no later than fifteen days following adoption by the City Council of this Resolution. Section 6. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council of the City of Tustin on October 7, 2008 Mayor Pamela Stoker, City Clerk OHS West:260516836.2 2 EXHIBIT A CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) CANVASS AND STATEMENT OF RESULTS OF ELECTION I hereby certify that on October 7, 2008, I canvassed the returns of the special election held on October 7, 2008, for City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages), that the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and that the totals as shown for and against the measure are true and correct: Qualified Landowner Votes Votes Cast YES NO City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) Special Election, October 7, 2008 0 PROPOSITION: Shall City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District") be authorized to levy a special tax within the boundaries of the additional territory proposed to be annexed to the Community Facilities District in order to finance certain public facilities and services, all as specified in the Resolution entitled "A Resolution of City Council of the City of Tustin of Intention to Annex Temtory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)," adopted by the City Council of the City of Tustin on September 2, 2008, and the Resolution entitled "A Resolution of the City Council of the City of Tustin Calling Special Election Regarding Annexation of Territory to City of Tustin Community Facilities District 06-1 (Tustin Legacy/Columbus Villages)," adopted by the City Council of the City of Tustin on October 7, 2008? IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of October, 2008. Pamela Stoker, City Clerk of the City of Tustin OHS West:260516836.2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on October 7, 2008, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said Resolution was adopted by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: An agenda of said meeting was posted at least 72 hours before said meeting at 300 Centennial Way, Tustin, California, a location freely accessible to members of the public, and a brief general description of said Resolution appeared on said agenda. I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing Resolution is a full, true and correct copy of the original Resolution adopted at said meeting and entered in said minutes; and that said Resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: , 2008 Pamela Stoker, City Clerk OHS West:260516836.2 ORDINANCE NO. 1359 AN ORDINANCE OF THE CITY OF TUSTIN LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) AND AMENDING AND RESTATING ORDINANCE NO. 1315 WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City") has conducted proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Act") to establish City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) (the "Original Community Facilities District"), to authorize the levy of special taxes upon the land within the Original Community Facilities District and to issue bonds secured by the special taxes, the proceeds of which are to be used to finance certain public facilities and services (the "Facilities"); WHEREAS, the City Council, pursuant to Sections 53328 and 53340 of the Act, in Ordinance No. 1315, adopted on August 7, 2006 ("Ordinance 1315"), authorized and levied the special taxes upon the land within the Original Community Facilities District at the rate and in accordance with the method of apportionment (the "Rate and Method of Apportionment") set forth in Exhibit B to Resolution No. 06-89 of the City Council entitled "A Resolution of the City Council of the City of Tustin of Formation of City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages), Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), adopted on July 17, 2006; WHEREAS, on September 2, 2008, the City Council adopted a resolution entitled "A Resolution of City Council of the City of Tustin of Intention to Annex Territory to City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)" (the "Resolution of Intention to Annex Territory"), proposing the annexation of certain additional territory described in the Resolution of Intention to Annex Territory (the "Additional Territory") to the Original Community Facilities District; WHEREAS, on this date, the City Council held a noticed public hearing on the proposed annexation of the Additional Territory to the Original Community Facilities District, as required by the Act and the Resolution of Intention to Annex Territory; WHEREAS, the proposed annexation of the Additional Territory to the Original Community Facilities District was not precluded by a majority protest pursuant to Section 53339.6 of the Act; WHEREAS, on October 7, 2008, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Tustin Calling Special Election Regarding Annexation of Territory to City of Tustin Community Facilities District No. 06-1 (Tustin OHS West:260516928.2 Legacy/Columbus Villages)" (the "Resolution Calling Election"), calling for a special election of the qualified electors within the Additional Territory; WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on October 7, 2008, and said qualified electors approved said proposition by more than the two-thirds vote required by the Act; and WHEREAS, pursuant to said proceedings, the Additional Territory was annexed to and made a part of the Original Community Facilities District (as so annexed, the "Community Facilities District") and the City Council is authorized to levy any special tax within the Additional Territory as specified in the Resolution of Intention to Annex Territory; THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: Section 1. By the passage of this Ordinance, the City Council hereby authorizes and levies special taxes within the Community Facilities District pursuant to Sections 53328, 53339.8 and 53340 of the Act, at the rate and in accordance with the Rate and Method of Apportionment. The special taxes are hereby levied commencing in fiscal year 2008-09 and in each fiscal year thereafter until the last fiscal year in which such special taxes are authorized to be levied pursuant to the Rate and Method of Apportionment. Section 2. The City Council may, in accordance with subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the special tax in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the special tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method of Apportionment. Section 3. The special tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method of Apportionment. Section 4. The proceeds of the special tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and incidental expenses pursuant to the Act. Section 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another procedure is adopted by the City Council. Section 6. This Ordinance amends and restates in its entirety Ordinance No. 1315, adopted by the City Council on August 7, 2006. Section 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application OHS West:260516928.2 2 of the special tax to the remaining parcels within the Community Facilities District shall not be affected. Section 8. This Ordinance shall take effect and shall be in force 30 days after the date of its adoption and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Tustin News, a newspaper of general circulation, printed and published in the City of Tustin, State of California, together with the names of the City Council members voting for and against the same. PASSED, ADOPTED and APPROVED this day of 2008, by the City Council of the City of Tustin. Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: CITY ATTORNEY By: OHS West:260516928.2 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the City Council of said City duly held on October 7, 2008, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on , 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: An agenda of said meeting was posted at least 72 hours before said meeting at 300 Centennial Way, Tustin, California, a location freely accessible to members of the public, and a brief general description of said Ordinance appeared on said agenda. I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing Ordinance is a full, true and correct copy of the original Ordinance adopted at said meeting and entered in said minutes; and that said Ordinance has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: , 2008 Pamela Stoker, City Clerk OHS West:260516928.2 RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: City Clerk of the City of Tustin City of Tustin 300 Centennial Way Tustin, California 92780 FIRST AMENDMENT TO NOTICE OF SPECIAL TAX LIEN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT N0.06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the Mello-Roos Community Facilities Act of 1982 (the "Act"), a Notice of Special Tax Lien with respect to the City of Tustin Community Facilities District No. 06- 1 (Tustin Legacy/Columbus Villages) (the "Community Facilities District") was recorded in the Official Records of the Orange County Clerk-Recorder (the "County") on July 28, 2006 as Instrument No. 2006000505298. Pursuant to proceedings conducted pursuant to the Act, additional real property has been added to and made a part of the Community Facilities District. Pursuant to the requirements of Section 3117.5 of the California Streets and Highways Code and Section 53339.8 of the Act, the undersigned City Clerk of the City of Tustin hereby gives notice of such annexation. The name(s) of the owner(s) and the assessor's tax parcel number(s) of the real property added to and made a part of the Community Facilities District and not exempt from the special tax are as set forth in Exhibit A attached hereto and hereby made a part hereof. Reference is made to the first annexation boundary map of the Community Facilities District recorded in Book 93 of Maps of Assessment and Community Facilities Districts at pages 11-12, in the office of the County Recorder of the County of Orange as Instrument No. 2008000427799, which annexation map is now the final boundary map of the additional real property added to and made a part of the Community Facilities District. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City Clerk of the City of Tustin, 300 Centennial Way, Tustin, California 92780, (714) 573-3025. Dated: October 7, 2008 By: Pamela Stoker, City Clerk OHS West:260516869.2 EXHIBIT A ANNEXED TERRITORY PROPERTY OWNER ASSESSOR'S PARCEL NUMBER Landowner Moffet Meadows Partners, LLC Lennar Homes of California, Inc. APN 43036228 43036221 43036227 43036222 43036226 43036223 43036225 43036224 43036229 43036230 43036231 43035182 43035183 43035101 43035154 43035155 43035153 43035201 43035202 43035246 43035247 43035212 43035245 43035243 43035244 43035210 43035211 43035248 43035209 43035216 43035241 43035215 43035214 43035242 43035213 43035229 43035230 43035232 OHS West:260516869.2 A-1 Landowner APN Lennar Homes of California, Inc. (cont.) 43035233 43035231 43035102 43035152 43035203 43035208 43035217 43035218 OHS West:260516869.2 f~-2