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Home My WebLink AboutAGENDA REPORT 2004 1215 CC REG ITEM 08ANOTICE OF CONTINUANCE OF PUBLIC HEARING A duly noticed public hearing regarding: Consider Continuing Public Hearings Concerning the Formation of Community Facilities District No. 2004- 1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas) to January 19, 2005 was held on December 15, 2004, at which time the City Council continued the open public hearing to the City Council meeting to be held on January 19, 2005, at 7:00 p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: December 16, 2004 PJACO- cr, bgL, Blanca Garza, Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Blanca Garza, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that a Notice of Continuance of Open Public Hearing regarding: Consider Continuing Public Hearings Concerning the Formation of Community Facilities District No. 2004- 1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas) to January 19, 9. nn,� continued from December 15, 2004, to January 19, 2005, was posted on December 16, 2004, at a conspicuous location near the place of the meeting: Moorpark Community Center 799 Moorpark Avenue Moorpark, California I declare under penalty of perjury that the foregoing is true and correct. Executed on December 16, 2004. 60-e, C."e— G b-` Blanca Garza Deputy City Clerk ITEM B. A CITY OF MOORPARK, CALIFORNIA City Council Meeting of /a - /S`AOo4 ACTION: MOORPARK CITY COUNCIL AGENDA REPORT /moo AP 0 TO: Honorable City Councilav4 FROM: Hugh R. Riley, Assistant City,Mana DATE: December 2, 2004 (City Council Meeting of 12/15/04) SUBJECT: Continuing Public Hearings Concerning the Formation of Community Facilities District No. 2004 -1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas) to January 19, 2005 BACKGROUND The City Council at its September 15, 2004 meeting adopted resolutions declaring its intent to establish Community Facilities District No. 2004 -1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas). In addition, the Council adopted resolutions declaring its intention to incur indebtedness (for the above listed Districts) to finance the acquisition and construction of certain public facilities and the payment of development fees. DISCUSSION The City Council will recall that the property owners, Morrison /Pardee Home and Suncal had submitted petitions to the City to initiate the process to form Community Facilities Districts. The Council, at their September 15, 2004 meeting, adopted resolutions, which among other things, set the date of October 20, 2004 for a public hearing relative to the formation of the Districts, the levy of a special tax and the issuance of bonds. On October 20, 2004, the City Council found that, due to the complexity of the negotiations, the public hearings should be opened, testimony taken, if any, and continued to December 15, 2004. Resolutions 2004 -2253 and 2004 -2254 were adopted confirming those findings. Honorable City Council December 15, 2004 Page 2 Both Pardee Home and Suncal are continuing in the process of negotiating Joint Community Facilities Agreements (the "JCFA's ") with various other governmental agencies and other matters relating to the proposed assessments have yet to be resolved. Due to the complexity of the negotiations and the issues relating to the assessments, staff is recommending that the continued public hearings scheduled for tonight for both CFD's be opened to accept public testimony, if any, and then continued again until January 19, 2005. California Law governing the establishment of Community Facilities Assessment Districts allows formation public hearings to be continued for up to six months and requires the City Council to make certain findings by resolution that, due to the complexity of the issues the hearings must be continued. STAFF RECOMMENDATION 1. Open public hearing, accept testimony, continue open public hearing to 1/19/05. 2. Adopt Resolutions 2004- and 2004- Attachments: City Council Draft Resolutions if any, and then RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONTINUING PUBLIC HEARING FOR COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (MOORPARK HIGHLANDS) WHEREAS, on September 15, 2004, this Council adopted Resolution No. 2004 -2239 and Resolution No. 2004 -2240 with respect to establishment of Community Facilities District No. 2004 -1 (Moorpark Highlands); and WHEREAS, such Resolutions noticed a public hearing to be held on October 20, 2004 relating to the proposed formation of the CFD and the issuance of bonds therefore, which public hearing was opened on such date and continued to December 15, 2004; and WHEREAS, the complexity of the proposed district requires additional time prior to the public hearing, therefore, the Council desires to again continue the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Opening Hearing. On October 20, 2004, at the time set for the public hearing on this Council's Resolution No. 2004 -2239 and Resolution No. 2004 -2240 in connection with Community Facilities District No. 2004 -1 (Moorpark Highlands), this Council opened the public hearing, invited testimony, and continued the public hearing to December 15, 2004. SECTION 2. Continued Hearing. On December 15, 2004, at the time set for the continued public hearing on this Council's Resolution No. 2004 -2239 and Resolution No. 2004 -2240, this Council opened the continued public hearing. SECTION 3. Continuing of Hearing. The Council hereby continues the public hearing to January 19, 2005 at 7:00 p.m., in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California 93021. SECTION 4. Posting. The Clerk to door of adoption. post a certified copy the meeting place no Council hereby directs the City of this resolution at or near the later than 48 hours after its Resolution No. 2004 - Page 2 SECTION S. Certification. The City Clerk shall certify to the adoption of this resolution and cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 15th day of December, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONTINUING PUBLIC HEARING FOR COMMUNITY FACILITIES DISTRICT NO. 2004 -2 ( MOORPARK VISTAS) WHEREAS, on September 15, 2004, this Council adopted Resolution No. 2004 -2241 and Resolution No. 2004 -2242 with respect to establishment of Community Facilities District No. 2004 -2 (Moorpark Vistas); and WHEREAS, such Resolutions noticed a public hearing to be held on October 20, 2004 relating to the proposed formation of the CFD and the issuance of bonds therefore, which public hearing was opened on such date and continued to December 15, 2004; and WHEREAS, the complexity of the proposed district requires additional time prior to the public hearing, therefore, the Council desires to again continue the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Opening Hearing. On October 20, 2004, at the time set for the public hearing on this Council's Resolution No. 2004- 2241 and Resolution No. 2004 -2242 in connection with Community Facilities District No. 2004 -2 (Moorpark Vistas), this Council opened the public hearing, invited testimony, and continued the public hearing to December 15, 2004. SECTION 2. time set for Resolution No. Council opened Continued Hearing. On December 15, 2004, at the the continued public hearing on this Council's 2004 -2241 and Resolution No. 2004 -2242, this the continued public hearing. SECTION 3. Continuing of Hearing. The Council hereby continues the public hearing to January 19, 2005 at 7:00 p.m., in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California 93021. SECTION Clerk to post door of the adoption. 4. Posting. The Council a certified copy of this meeting place no later hereby directs the City resolution at or near the than 48 hours after its 0 Resolution No. 2004 - Page 2 SECTION 5. Certification. The City Clerk shall certify to the adoption of this resolution and cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 15th day of December, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk