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Home My WebLink AboutRES CC 2009 2880 2009 1216RESOLUTION NO. 2009 -2880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REVISING APPROVAL OF THE SALE OF PROPERTY OWNED BY THE MOORPARK REDEVELOPMENT AGENCY TO ASZKENAZY DEVELOPMENT, INC. RESCINDING RESOLUTIONS NO. 2007 -2661 AND 2008 -2692 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 east 800 feet of APN 512 -0- 090 -100 ( "Property ") for redevelopment purposes; 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, on December 5, 2007, the City Council opened the public hearing to take public comment and approved the sale of Property; and WHEREAS, on March 19, 2008, the City Council opened the public hearing to take public comment and approved the revised sale of Property; and Resolution No. 2009 -2880 Page 2 WHEREAS, on September 17, 2008, the City Council opened the public hearing to take public comment on the revised sale of Property and continued it until November 5, 2008; and WHEREAS, on November 5, 2008, the City Council opened the public hearing to take public comment on the revised sale of Property and continued it open until November 19, 2008; and WHEREAS, on November 19, 2008, the City Council opened the public hearing to take public comment on the revised sale of Property and continued it open until December 3, 2008; and WHEREAS, on December 3, 2008, the City Council opened the public hearing to take public comment on the revised sale of Property, closed the hearing and removed the item from calendar; and WHEREAS, notice was published in the Ventura Star once a week for two weeks prior to the public hearing scheduled for December 2, 2009, to consider revised terms of sale for the Property; and WHEREAS, the proposed sale will assist with the elimination of blight in the Moorpark Redevelopment Project Area; and WHEREAS, the proposed 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 appraised at the fair market price at the highest and best use in accordance with the Moorpark Redevelopment Plan, has been established; and WHEREAS, on November 25, 2009, the City Council was provided with a draft copy of the Disposition and Development Agreement for the subject Property which is scheduled to be considered by the Moorpark Redevelopment Agency Board on December 16, 2009; and WHEREAS, on December 2, 2009, the City Council adjourned the meeting to December 16, 2009; and WHEREAS, on December 16, 2009, 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: Resolution No. 2009 -2880 Page 3 SECTION 1. The City Council determines the proposed sale is consistent with Section 33433 of the CCRL and the following findings are made: 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. 3. The Property is being sold at the fair market price at the highest and best use in accordance with the Moorpark Redevelopment Plan. SECTION 2. The City Council approves the revised sale of Property to Aszkenazy Development, Inc. for $881,045.00 subject to approval of the Disposition and Development Agreement by the Agency. SECTION 3. Resolutions No. 2007 -2661 and 2008 -2692 are hereby rescinded. SECTION 4. 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 16th day of December, 2009. ATTEST: Maureen Benson, Assistant City Clerk >JaceSS P Mayor Resolution No. 2009 -2880 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. 2009 -2880 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 16th day of December, 2009, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 31 st day of December, 2009. L7�� vzlx�� Maureen Benson, Assistant City Clerk (seal)