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HomeMy WebLinkAboutAGENDA REPORT 2005 0119 CC REG ITEM 08BNOTICE OF CONTINUANCE OF OPEN PUBLIC HEARINGS Duly noticed public hearings regarding: The Formation of Community Facilities District No. 2004 -1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas) were held at a regular Meeting on January 19, 2005, at which time the City Council continued the open public hearings to the regular City Council meeting to be held on February 16, 2005, at 7:00 p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: January 20, 2005. Deborah S. TraffensV4dt City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Deborah S. Traffenstedt, declare as follows: That I am the City Clerk of the City of Moorpark and that a Notice of Continuance of two Open Public Hearings regarding: The Formation of Community Facilities District No. 2004 -1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas), continued from January 19, 2005, to February 16, 2005, was posted on January 20, 2005, 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 January 20, 2005. Deborah S. Traffenseddt City Clerk FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM 6.8 - CITY OF MOORPARK, CALIFORNIA City Council Meeting ACTION:I� 7A, y: /.'o_ hV 4910o6- -aagl. Hugh R. Riley, Assistant City Manager January 12, 2005 (City Council Meeting of 1/19/05) 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 February 16, 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 Morrison /Pardee Homes and Suncal 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. `g0003 Honorable City Council January 19, 2005 Page 2 On December 15, 2004, the City Council again found that the hearings should be continued and adopted that finding by Resolutions Nos. 2004 -2267 and 2004 -2268. Both Pardee Home and Suncal are continuing in the process of negotiating Joint Community Facilities Agreements (the "JCFA's ") with various other governmental Agencies. 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 February 16, 2005. California Law governing the establishment of Community Facilities 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. RECOMONDATION 1. Open public hearing, accept testimony, if any. 2. Adopt Resolutions 2005 -_ and 2005 -_ continuing the hearings to February 16, 2005 060 AL, AL, RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONTINUING HEARING IN 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 on December 15, 2004 it was opened and continued to January 19, 2005; and WHEREAS, the continued public hearing was opened on January 19, 2005 and this Council again finds that the complexity of the proposed district requires additional time prior to the public hearing and 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 time set 2004 -2241 Community Council continued for the public hearing on this Council's Resolution and Resolution No. 2004 -2242 in connection Facilities District No. 2004 -2 (Moorpark Vistas), opened the public hearing, invited testimony, the public hearing to December 15, 2004. the No. with this and SECTION 2. Continued Hearing. On December 15, 2004, at the time set for the continued public hearing on this Council's Resolution No. 2004 -2241 and Resolution No. 2004 -2242, this Council opened the continued public hearing, invited testimony, and continued the public hearing to January 19, 2005. 1)00 ,�J. Resolution No. 2005 - Page 2 SECTION 3. Continuing of Hearing. The Council hereby continues the public hearing to February 16, 2005 at 7 :00 p.m., in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California 93021. SECTION 4. Posting. The Council hereby directs the City Clerk to post a certified copy of this resolution at or near the door of the meeting place no later than 48 hours after its adoption. SECTION 5. Certification. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of January, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 4)00 0 4' RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONTINUING HEARING IN 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 on December 15, 2004 it was opened and continued to January 19, 2005; and WHEREAS, the continued public hearing was opened on January 19, 2005 and this Council again finds that the complexity of the proposed district requires additional time prior to the public hearing and 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, invited testimony, and continued the public hearing to January 19, 2005. SECTION 3. Continuing of Hearing. The Council hereby continues the public hearing to February 16, 2005 at 7:00 p.m., in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California 93021. - Resolution No. 2005 -_ Page 2 SECTION 4. Posting. The Council hereby directs the City Clerk to post a certified copy of this resolution at or near the door of the meeting place no later than 48 hours after its adoption. SECTION 5. Certification. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of Janaury, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 9000144