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HomeMy WebLinkAboutAGENDA REPORT 2005 0316 CC REG ITEM 08Ba NOTICE 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 March 16, 2005, at which time the City Council continued the open public hearings to the regular City Council meeting to be held on April 20, 2005, at 7:00 p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: March 17, 2005. Maureen Benson Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Deputy 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 March 16, 2005, to April 20, 2005, was posted on March 17, 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 March 17, 2005. Maureen Benson Deputy City Clerk MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council ITEM 8 • S • CITY OF MOORPARK, CALIFORNIA City Council Meeting of ACTION:/.ld� - -a?oZ962oL air: ".5 ay: err► . x5e- � • FROM: Hugh R. Riley, Assistant City Manage DATE: March 7, 2005 (City Council Meeting of 3/16/05) 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 April 20, 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. 000063 Honorable City Council February 9, 2005 Page 2 On December 15, 2004, the City Council again found that the hearings should be continued to January 19, 2005 and adopted that finding by Resolutions Nos. 2004 -2267 and 2004 -2268. On January 19, 2005, the City Council again found that the hearings should be continued to February 16, 2005 and adopted that finding by Resolution Nos. 2005 -2280 and 2005 -2281. On February 16, 2005, the hearings were again continued to March 16, 2005. Resolutions 2005 -2290 and 2005 -2291 were adopted making the necessary findings. On March 4, 2005 the City received a letter from Pardee Homes advising that an Joint Community Facilities Agreement could not be concluded with the Moorpark Unified School District and that Pardee intended to withdraw the acquisition of the school site and financing of school fees from the proposed City CFD. Pardee's letter advises that the School District would be willing to form a separate district to finance the school site and fees. The removal of these items from the proposed CFD 2004 -1 will significantly reduce the assessments for the district and will require additional staff time to recalculate the special tax formula to be applied in the various project zones. The developers have requested that the hearings to consider the formation and financing of the districts be continued until April 20, 2005. Staff is therefore recommending that the City Council accept public testimony, if any, during continued public hearings scheduled for tonight for both CFD's, and then continued the hearings again until April 20, 2005. STAFF RECOD04ENDATION 1. Continue open public hearing 2. Adopt Resolutions 2005 -_ and 2005 -_ continuing the hearings to April 20, 2005. Attachments: March 2, 2005 Letter from Pardee Homes Resolution 2005- and 2005- 000064 r1l NrdeeHomes 26650 The Old Road, Suite 110 Valencia, CA 91381 Phone (661) 222 -3200 Fax (661) 255 -7837 March 2, 2005 Steve Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 JAMES C. BIZZELLE III VE Vice President, Community Development Phone (661) 222 -3200 Fax (661) 255 -7837 MAR 0 4 2005 L) Assistant City Managers Office RE: Pardee Homes /Moorpark CFD No. 2004 -1 Dear Mr. Kueny: Unfortunately, it appears that the City and Moorpark USD have been unable to reach agreement on a Joint Community Facilities Agreement with respect to the City's proposed CFD. No. 2004 -1 encompassing Pardee's Moorpark Highlands project. The Joint Community Facilities Agreement is a necessary prerequisite to the CFD's financing of the acquisition of a school site within the project and the project's school fees. In light of this impasse, I am writing to propose the following modifications to the proposed City CFD, on behalf of Pardee Homes. The proposed special tax rates for facilities included in the Rate and Method of Apportionment of Special Taxes approved by the City Council in September 2004 with adoption of the Resolution of Intention would be reduced from an average of $4,462 per dwelling unit to an average of $1,389 per dwelling unit. In addition, the 2% annual escalator in the facilities special taxes approved with the Resolution of Intention would be eliminated. In addition, Pardee proposes to increase the maximum special tax rates for services form $350 per lot to $400 per lot. That special tax would continue to be subject to annual escalation. The School District staff has indicated that its Board would be willing to consider formation of a community facilities district encompassing Moorpark Highlands to finance the project's school fees and acquisition of the school site. I expect that Pardee will request that the School District form a community facilities district for those proposes. Pardee would not, however, approve special taxes for the School District CFD that would, together with the City CFD special taxes and the ad valorem real property taxes, result in a total tax rate in excess of 1.7% of our expected sales prices. O®OOGS Steve Kueny March 2, 2005 Page 2 Pardee appreciates the City's attempt to include the School District in its CFD. In order to allow the City CFD to move forward now without the School District, Pardee requests that the requested modifications be made to the City CFD Rate and Method of Apportionment and the City CFD be formed at the next available City Council meeting. Very truly yours, ricdmes.C. Bizzelle III e President Community Development JCB /kr cc: Maik Aagaard Doug Anderson Dave Fama Alan Kapanicas Chris Lightburne Marshall Linn Hugh Riley John Yeager 000066 RESOLUTION NO. 2005- 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; 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 -2253, this Council opened the continued public hearing and continued the hearing to January 19, 2005. SECTION 3. Continued Hearing. On January 19, 2005 at the time set for the continued public hearing on this Council's Resolution No. 2004 -2267 this Council opened the continued public hearing and continued the hearing to February 16, 2005. SECTION 4. Continued Hearing. On February 16, 2005 at the time set for the continued public hearing on this Council's Resolution No. 2004 -2280 this Council opened the continued public hearing and continued the hearing to March 16, 2005. SECTION 5. Continued Hearing. On March 16, 2005 at the time set for the continued public hearing on this Council's Resolution No. 2005 -2290 this Council opened the continued public hearing. 0000Gi Resolution No. 2005 - Page 2 SECTION 6. Continued Hearing. The Council hereby continues the public hearing to April 20, 2005 at 7:00 p.m., in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California 93021. SECTION 7. 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 8. 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 16th day of March, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000068 RESOLUTION NO. 2005- 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; 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. Continued Hearing. On December 15, 2004, at the time set for the continued public hearing on this Council's Resolution No. 2004 -2254, this Council opened the continued public hearing and continued the hearing to January 19, 2005. SECTION 3. Continued Hearing. On January 19, 2005 at the time set for the continued public hearing on this Council's Resolution No. 2004 -2268, this Council opened the continued public hearing and continued the hearing to February 16, 2005. SECTION 4. Continued Hearing. On February 16, 2005 at the time set for the continued public hearing on this Council's Resolution No. 2004 -2281 this Council opened the continued public hearing and continued the hearing to March 16, 2005. SECTION 5. Continued Hearing. On March 16, 2005 at the time set for the continued public hearing on this Council's Resolution No. 2005 -2291 this Council opened the continued public hearing. SECTION 6. Continuing of Hearing. The Council hereby continues the public hearing to April 20, 2005 at 7:00 p.m., in 000069 Resolution No. 2005 - Page 2 the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California 93021. SECTION 7. 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 8. 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 16th day of March, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000070