HomeMy WebLinkAboutCity Council Resolution 06-016RESOLUTION NO. 06-016
A RESOLUTION OF THE CITY OF SARATOGA
APPROVING THE SALE OF CITY-OWNED LAND
AT 19848 PROSPECT ROAD
WHEREAS, the City of Saratoga owns land at 19848 Prospect Road consisting of
two parcels totaling 2.6-acres, zoned R1-10, 000 and for which a tentative subdivision
map has been approved; and
WHEREAS, the City has determined that in light of insufficient funds for site
improvements and limited funds available for existing City programs it is not feasible for
the City to effectively utilize the land for public purposes; and
WHEREAS, the City has determined that it is in the best interest of the City to
eliminate the costs of maintenance and upkeep and to secure revenues for other City
programs by selling the above-referenced land; and
WxeaEns, a Mitigated Negative Declaration regarding the sale and other aspects
of the project was approved on October 26, 2005 finding, based on the entire record of
this matter, no evidence that the sale of the property or other aspects of the project, as
conditioned by the Planning Commission, may have a significant effect on the
environment; and
WHEREAS, the Planning Commission determined on October 26, 2005 that sale of
the property would be in conformity with the General Plan if the General Plan land use
map were amended to change the land use designation of the property from Quasi-Public
Facilities to Medium Density Single Family (M-10); and
WHEREAS, on November 8, 2005, under Government Code Section 54222, the
City gave notice to public agencies in whose jurisdiction the Property is located that the
Property was available for purchase by such agencies for 60 days; and
WHEREAS, no public agency with jurisdiction over the property responded to the
City's offer under Government Code Section 54222 within 60 days; and
WHEREAS, on November 16, 2005, in Resolution No. OS-071, the City Council
adopted the finding of the Planning Commission that sale of the Property is consistent
with the General Plan and directed that the Property be sold; and
WHEREAS, on December 19, 2005, the City offered the Property for sale to the
general public by competitive bid; and
WHEREAS, staff has selected Mike Masoumi as the highest responsible bidder for
the Property and entered into exclusive negotiations with Mr. Masoumi for the terms of
an agreement to sell the Property; and
WHEREAS, staff recommends the sale of the Property under the terms of the
Agreement for Purchase and Sale of Real Estate by and between City of Saratoga,
California, as Seller and Mike Masoumi, as Buyer For the purchase and sale of 19848
Prospect Road, Assessor's Parcel Nos. 386-26-070 and 386-26-071 Saratoga California
March 2006 ("the Agreement"), which Agreement Mike Masoumi signed on March 8,
2006, and which Agreement is in the file for this item;
Now THEREFORE BE IT RESOLVED, that the City Council hereby:
1. Finds and determines that it has considered and hereby affirms the Mitigated
Negative Declaration adopted by the Planning Commission on October 26, 2005 and
based thereon finds no evidence that the sale of the property or other aspects of the
project, as conditioned by the Planning Commission, may have a significant adverse
effect on the environment; and
2. Finds that Mike Masoumi is the highest responsible bidder for the purchase of the
Property at a price of $6,750,000; and
3. Approves and authorizes the transactions contemplated in the Agreement and
finds that the public interest or necessity demands the sale of the Property; and
4. Authorizes the sale of the Property on terms approved by the City Council if for
any reason (other than rejection of this Resolution by the voters) the sale of the Property
is not completed as contemplated by the Agreement.
5. Declares that if a majority of the voters voting thereon approve this Resolution, it
shall become effective on the day following the day that the results of the election are
declared by the City Council.
PnssEn ANU ADOPTED by the City of Saratoga City Council, State of
California, this 9th day of March by the following roll call vote:
AYES: Councilmembers Kathleen King, Nick Streit, Mayor Norman Kline
NOES: Councilmember Ann Waltonsmith, Vice Mayor Aileen Kao
ABSENT: None
ABSTAIN: None
ATTEST
City Clerk
Norman Kline, Mayor