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HomeMy WebLinkAboutRES CC 2008 2692 2008 0319RESOLUTION NO. 2008 -2692 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REVISING THE PREVIOUS APPROVAL OF THE SALE OF PROPERTY OWNED BY THE MOORPARK REDEVELOPMENT AGENCY TO ASZKENAZY DEVELOPMENT, INC. AND FINDING SALE CONSISTENT WITH CALIFORNIA REDEVELOPMENT LAW SECTION 33433 WHEREAS, the City Council of the City of Moorpark, adopted the Redevelopment Plan for the Moorpark Redevelopment Project on July 5, 1989, by Ordinance No. 110, in accordance with the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and WHEREAS, the Moorpark Redevelopment Agency ( "Agency ") purchased the property at 192 High Street ( "Property ") with tax increment funds; and WHEREAS, California Community Redevelopment Law ( "CCRL ") Section 33433 requires that the City Council approve, by resolution and after a public hearing, any Agency sale or lease of property which was acquired with tax increment funds; and WHEREAS, Section 33433 of CCRL requires that the City Council include the following findings in the resolution approving the sale or lease of Agency property purchased with tax increment: 1. The sale of property will assist in the elimination of blight in the Moorpark Redevelopment Project Area. 2. The sale of property is consistent with the goals and objectives in the 2005 -2009 Implementation Plan for the Moorpark Redevelopment Project pursuant to Section 33490 of the CCRL. 3. The property is being sold to the Developer at the fair market price at the highest and best use in accordance with the Moorpark Redevelopment Plan; and WHEREAS, The City Council conducted and approved the sale of Property after a duly advertised public hearing on December 5, 2007; and WHEREAS, The Agency and Aszkenazy Development, Inc. was not able to successfully negotiate the Disposition and Development Agreement prior to the appraisal becoming outdated (greater than six months old); and Resolution No. 2008 -2692 Page 2 WHEREAS, The Agency and Aszkenazy Development, inc. have successfully negotiated the terms and conditions of the DDA; and WHEREAS, notice was published in the Ventura Star once a week for two weeks prior to the public hearing; and WHEREAS, on March 19, 2008, the City Council conducted a public hearing to take public comment on the revised sale of Agency owned property; and WHEREAS, the revised sale will assist with the elimination of blight in the Moorpark Redevelopment Project Area; and WHEREAS, the revised sale is consistent with the adopted 2005 -2009 Implementation Plan for the Moorpark Redevelopment Project pursuant to Section 33490 of the CCRL; and WHEREAS, the Property has been reappraised and the fair market price, at its highest and best use in accordance with the Moorpark Redevelopment Plan, has been established; and WHEREAS, on March 19, 2008, the City Council reviewed the proposed sale and determined that it is consistent with Section 33433 of the CCRL. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council approves the revised sale of Agency owned property to Aszkenazy Development, Inc. subject to approval of the Disposition and Development Agreement by the Agency. SECTION 2. The City Council determines the revised sale is consistent with Section 33433 of the CCRL and the following findings are made: 1. The sale of property will assist in the elimination of blight in the Moorpark Redevelopment Project. 2. The sale of property is consistent with the goals and objectives in the 2005 -2009 Implementation Plan for the Moorpark Redevelopment Project pursuant to Section 33490 of the CCRL. Resolution No. 2008 -2692 Page 3 3. The property is being sold to the Aszkenazy Development, Inc. at the fair market price at the highest and best use in accordance with the Moorpark Redevelopment Plan. SECTION 3. The City Clerk sha fy to the adoption of this resolution and shall cause a certified resolution to be ed in the ook of original resolutjbns. PASSED AND ADOPTED tVs 19th day of *rch, 2008 ATTEST: ..- Maureen Benson, Assistant City Clerk r Resolution No. 2008 -2692 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2008 -2692 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of March, 2008, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Parvin, and Van Dam NOES: None ABSENT: Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 2nd day of April, 2008. Maureen Benson, Assistant City Clerk (seal)