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Home My WebLink AboutCC RES 26-58______________________ Resolution 26-58 Page 1 of 4 RESOLUTION NO. 26-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS GOVERNING BODY OF THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES), DECLARING ITS INTENTION TO ANNEX TERRITORY 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, THE NOTICE OF THE SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 2018-01 ZONE 4, AND THE NOTICE OF CESSATION OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 13-01 WHEREAS, on March 7, 2018, the City Council of the City of Tustin (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)" (the “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 may be annexed to the CFD with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of such parcel or parcels at the time that parcel or those parcels are annexed; 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 "Improvement Area No. 1 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 the territory described in Exhibit C, which are located in the Future Annexation Area, as such parcels are described on the attached Exhibit C and shown in the proposed boundary map attached as Exhibit E (the “Annexation Property”); and Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 ___________________ Resolution 26-58 Page 2 of 4 WHEREAS, the owner of the Annexation Property is the City of Tustin, and pursuant to Section 53317(f) of the Act, the City makes the following finding: the Property is within the territory of a military base that is closed; and WHEREAS, upon annexation of the Annexation Property into the CFD as directed and confirmed in a Unanimous Approval signed by the owner of fee title to all parcels of real property located in the Annexation Property (specifically, the City of Tustin), special taxes shall be levied against all taxable (non-exempt) property in the Annexation Property in accordance with the Rate and Method of Apportionment of Special Tax for the Annexation Property in substantially the form attached hereto as Exhibit B and incorporated herein to provide the services described in Exhibit A; and WHEREAS, a Notice of Special Tax Lien in substantially the form attached hereto as Exhibit D shall be recorded against the Annexation Property in the official land records of Orange County, California; and WHEREAS, an annual appropriations limit for the Annexation Property shall be established as provided below; and WHEREAS, the Annexation Property is currently included in City of Tustin Community Facilities District No. 13-01 (Services) and is subject to the lien of special taxes levied on property within such community facilities district (the “CFD No. 13-01 Special Taxes”); and WHEREAS, the City Council hereby finds and determines that by annexing the Annexation Property into the CFD and levying the Special Tax on the Annexation Property in accordance with the Rate and Method of Apportionment of Special Tax for the Annexation Property attached hereto as Exhibit B, the need for the Annexation Property to pay the CFD No. 13-01 Special Taxes is extinguished and that a Notice of Cessation of Special Tax shall be recorded with respect to the CFD No. 13-01 Special Taxes; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, THAT: 1. The foregoing recitals are hereby incorporated and adopted as the findings of the City Council; and 2. The City Council hereby determines as follows: a. That the Annexation Property is added to the CFD and is hereby designated as Zone 4 of the CFD, b. That the boundary map of the Annexation Property attached as Exhibit E is hereby approved, Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 _________________ Resolution 26-58 Page 3 of 4 c. That the City Clerk is hereby ordered and directed to record the Notice of Special Tax Lien for the Annexation Property attached as Exhibit D, d. That an annual appropriations limit of $4,000,000 is hereby established for the Annexation Property for Fiscal Year 2026-27, which limit shall be increased annually in accordance with applicable law. e. That the City Clerk is hereby ordered and directed to record the Notice of Cessation for the Annexation Property attached as Exhibit F. 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 20th day of October 2026. _____________________________ AUSTIN LUMBARD, Mayor ATTEST: ____________________ ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: ____________________ DAVID E. KENDIG, City Attorney Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 ___________________ Resolution 26-58 Page 4 of 4 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. 26-58 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th of October, 2026 by the following vote: COUNCILMEMBER AYES: Lumbard, Schnell, Gallagher, Fink, Nielsen (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: (0) _____________________ ERICA N. YASUDA, City Clerk Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6