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HomeMy WebLinkAboutAGENDA REPORT 2005 0420 CC REG ITEM 08ANOTICE OF CONTINUANCE OF PUBLIC HEARING A duly noticed public hearing regarding: Consider Continuing Public Hearin s Concerning the Formation of Community Facilities District No. 2004 -1 (Moorpark Highlands) and Community Facilities District No. 2004 -2 (Moorpark Vistas) to May 18, 2005 was held on April 20, 2005, at which time the City Council continued the open public hearing to the City Council meeting to be held on May 18, 2005, at 7:00 p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: April 21, 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 Open Public Hearing regarding: Consider Continuing Public Hearings Concernin the Formation of Community Facilities District No. 2004 -1 (Moorpark Highlands) and Communit Facilities District No. 2004 -2 (Moorpark Vistas) to May 18, 2005 continued from April 20, 2004, to May 18, 2005, was posted on April 21, 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 April 21, 2005. Maureen Benson Deputy City Clerk MOORPARK CITY COUNCIL AGENDA REPORT ITEM S - A • MWOMW CITY OFMOORPARK, CALIFORNIA City Council Meeting of 14 -AO -o?00 5 ACTION: 444d,. ,e-d cL A0 -,R 316- C2�ir�G By `n,! TO: Honorable City Council FROM: Hugh R. Riley, Assistant City Manager DATE: April 12, 2005 (City Council Meeting of 4/20/05) 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 May 18, 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. 000001 Honorable City Council April 12, 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 requested that the hearings to consider the formation and financing of the districts be continued. On March 16, 2005, the City Council continued the public hearings until April 20, 2005. Additional negotiations concerning the proposed districts are necessary. Staff is therefore recommending that the City Council accept public testimony, if any, and then continue the hearings to May 18, 2005. STAFF RECOMMENDATION 1. Continue open public hearing. 2. Adopt Resolutions 2005 -_ and 2005 -_ continuing the hearings to May 18, 2005. Attachments: Resolution 2005- and 2005- 000002 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 and continued the hearing to April 20, 2005. 000003 Resolution No. 2005 -_ Page 2 SECTION 6. Continued Hearing. On April 20, 2005 at the time set for the continued public hearing on this Council's Resolution No. 2005 -2296 this Council opened the continued public hearing. SECTION 7. Continued Hearing. The Council hereby continues the public hearing to May 18, 2005 at 7:00 p.m., in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California 93021. SECTION 8. 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 9. 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 20th day of April, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000004 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 and continued the hearing to April 20, 2005. SECTION 6. Continued Hearing. On April 20, 2005 at the time set for the continued public hearing on this Council's Resolution No. 2005 -2297 this Council opened the continued public hearing. 000005 Resolution No. 2005 - Page 2 SECTION 7. Continuing of Hearing. The Council hereby continues the public hearing to May 18, 2005 at 7 :00 p.m., in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California 93021. SECTION 8. 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 9. 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 20th day of April, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk OOOOOG