HomeMy WebLinkAboutCC RES 21-10DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B
RESOLUTION NO. 21-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DETERMINING THAT LOTS 2, 5, 6, 7, 8, 9 AND 10 OF TRACT
18197 ARE ANNEXED TO THE CITY OF TUSTIN COMMUNITY FACILITIES
DISTRICT NO. 2018-01 (PUBLIC SERVICES), APPROVING A BOUNDARY MAP
OF THE ANNEXATION PROPERTY AND DIRECTING THE CITY CLERK TO
RECORD THE BOUNDARY MAP AND NOTICE OF THE SPECIAL TAX LIEN
WHEREAS, on March 7, 2018, the City Council adopted Resolution No. 18-15,
approving formation of a Community Facilities District (the "Resolution of Formation"),
ordering the formation of the "City of Tustin Community Facilities District No. 2018-01
(Public Services)" (the "CFD") and a "City of Tustin Community Facilities District No.
2018-01 (Public Services) (Future Annexation Area)", authorizing the levy of a special tax
on property within the CFD and establishing an appropriations limit for the CFD, all
pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, constituting
California Government Code Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing
with Section 53311 (the "Mello -Roos Act"); and
WHEREAS, in the Resolution of Formation, the City Council resolved that parcels
within the Future Annexation Area shall be annexed to the CFD only with the unanimous
approval (each, a "Unanimous Approval") of the owner or owners of each parcel or parcels
at the time that parcel or those parcels are annexed, without any requirement for further
public hearings or additional proceedings; and
WHEREAS, in Ordinance No. 1495, adopted by the City Council on May 1, 2018
(the "Special Tax Ordinance"), the City Council authorized and levied special taxes within
the CFD pursuant to the Mello -Roos Act, at the rate and in accordance with the rate and
method of apportionment of special tax (the "Rate and Method") set forth in the Resolution
of Formation, and further ordered that the provisions of the Special Tax Ordinance shall
apply not only to the initial territory included in the CFD but also to parcels included in the
Future Annexation Area that are annexed to the CFD at the rate or rates to be approved
unanimously by the owner or owners of each parcel or parcels to be annexed to the CFD;
and
WHEREAS, the City Council has been provided with a Unanimous Approval
executed by the owner of Lots 2, 5, 6, 7, 8, 9, and 10 of Tract 18197, which are located
in the Future Annexation Area, as such parcels are described on the attached Exhibit A
and shown in the proposed boundary map attached as Exhibit B (the "Annexation
Property"); and
WHEREAS, in order to comply with Mello -Roos Act Section 53339.8, the City
Council wishes to determine that the Annexation Property is added to the CFD.
Resolution 21-10
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DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B
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. This City Council hereby determines that the Annexation Property is added to
the CFD, is hereby designated as within Zone 2 of the CFD, the boundary map attached
as Exhibit B is hereby approved, and the City Clerk is hereby ordered and directed to
record notice of the special tax lien and the boundary map attached as Exhibit B.
Section 3. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED at a meeting of the City Council of the City of Tustin
on February 16, 2021.
DocuSigned by:
LE i—TiWICEARK,
Mayor
ATTEST:
5 DocuSigned by:
, yxsa-
E rMN4'Y4AS U DA,
City Clerk
Resolution 21-10
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DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No 21-10 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day
of February, 2021 by the following vote:
COUNCILMEMBER AYES
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
DocuSigned by:
E I tM445YAS U DA,
City Clerk
Resolution 21-10
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Clark, Lumbard, Cooper, Gallagher, Gomez (5)
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DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B
EXHIBIT A
AUTHORIZED SERVICES
It is intended that Zone 2 will be eligible to finance any, all or any portion of the services
described in Section 53313 of the Act including but not limited to police protection
services; fire protection services; ambulance and paramedic services; recreation
program services; maintenance of parks, parkways, and open space; flood and storm
protection; and street and sidewalk maintenance (collectively, the "Services").
Resolution 21-10 Exhibit A
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