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HomeMy WebLinkAbout14 ORD 1359, CFD 06-01 10-21-08AGENDA REPORT MEETING DATE: OCTOBER 21, 2008 TO: WILLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: SECOND READING OF ORDINANCE NO. 1359 - ANNEX TERRITORY TO CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 SUMMARY: By the passage of Ordinance No. 1359, the City Council authorizes and levies special taxes within the Community Facilities District 06-01, 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. This Ordinance amends and restates in its entirety Ordinance No. 1315, adopted by the City Council on August 7, 2006. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1359 (roll call vote). FISCAL IMPACT: None. BACKGROUND: On October 7, 2008, the City Council had first reading by title only and introduction of the following Ordinance: 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 Maria R. Huizar, Chief Deputy City Clerk ATTACHMENT: Ordinance 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 Territol-}~') 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 Temtory 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 Temtory; 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 NO. 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 West260516869.2 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 !~-1 Landowner APN Lennar Homes of California, Inc. (cont.) 43035233 43035231 43035102 43035152 43035203 43035208 43035217 43035218 OHS Wcst:260516869.2 A-2