2014/12/09 City Council Resolution 2014-180RESOLUTION NO. 2014 -180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE ACCEPTANCE BY THE CITY OF FORMER HOUSING
PROPERTIES OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF ROHNERT PARK AND AUTHORIZING EXECUTION OF DOCUMENTS
NECESSARY TO ENSURE CITY HOLDS MARKETABLE TITLE
WHEREAS, in March 2011, the Community Development Commission of the City of
Rohnert Park ( "CDC ") transferred to the City of Rohnert Park ( "City ") the real properties listed
on Attachment A, attached hereto and incorporated herein by this reference ( "Properties "); and
WHEREAS, the California state legislature thereafter enacted Assembly Bills xl 26 and
1484 (together, the "Dissolution Act ") to dissolve and unwind the affairs of redevelopment
agencies formed under the Community Redevelopment Law (Health and Safety Code Section
33000 et seq.); and
WHEREAS, the Dissolution Act, at Health and Safety Code Section 34167.5,
retroactively invalidated transfers of assets by a redevelopment agency after January 1, 2011; and
WHEREAS, although the transfer of the Properties from the CDC to the City in 2011 is
consequently invalidated and without legal effect, the recorded instruments used to effectuate
such invalidated transfers have created a cloud on the Properties' title; and
WHEREAS, the Dissolution Act provides that the city, county, or city and county that
authorized the creation of the redevelopment agency shall be the "successor agency" to the
dissolved redevelopment agency unless the city, county, or city and county elects not to serve as
the successor agency under Health and Safety Code Section 34173(d)(1); and
WHEREAS, the Dissolution Act, at Health and Safety Code Section 34176, also
provides that the city, county, or city and county that authorized the creation of the
redevelopment agency may also elect to retain the housing assets and functions previously
performed by the former redevelopment agency; and
WHEREAS, by adoption of Resolution No. 2012 -10 on January 10, 2012, the City
Council of the City of Rohnert Park (the "City Council ") declared that, effective February 1,
2012: (1) the City, acting in a separate legal capacity and as a separate public entity pursuant to
Health and Safety Code Section 34173(g), would act as successor agency (the "Successor
Agency ") for the CDC; and (2) the City would retain the housing assets and responsibility for
performing housing functions previously performed by the CDC; and
WHEREAS, pursuant to Health and Safety Code Section 34176(a), all rights, powers,
duties, obligations, and housing assets (as defined in Section 34176(e)) have been or shall be
transferred to the City; and
WHEREAS, the Properties are all former housing assets of the CDC; and
WHEREAS, the City Council desires to authorize the execution of such documents as
may be necessary to ensure that the City as successor to the housing assets and properties of the
CDC holds marketable title to the Properties; and
WHEREAS, on December 1, 2014 the Oversight Board to the Successor Agency
adopted Resolution No. 2014 -10 directing the transfer of all former CDC housing assets to the
City; and
WHEREAS, on December 9, 2014 the City Council as Governing Board of the
Successor Agency adopted Resolution No. 2014 -170 consenting to the transfer of all former CDC
housing assets to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds and determines that the foregoing recitals are true
and correct, and together with the accompanying staff report and information provided by City staff
and the public, form the basis for the approvals, authorizations, findings, and determinations set forth in
this Resolution.
Section 2. The City Council does hereby approve acceptance of the Properties by City and
authorize the Mayor and City Manager, as applicable, to execute such documents, including but not
limited to quitclaim deeds and certificates of acceptance, and take such actions as may be necessary or
convenient to ensure that the City as successor to the assets and functions of the CDC holds
marketable title to the Properties and otherwise to effect the purposes of this Resolution.
Section 3. The transfer of the Properties to the City is exempt from the requirements of the
California Environmental Quality Act pursuant to State CEQA Guidelines Section 15061(b)(3) (as an
action which it can be seen with certainty will not have a significant effect on the environment).
Section 4. This Resolution shall take effect immediately upon adoption.
DULY AND REGULARLY ADOPTED this 9"' day of December, 2014.
_93:.:
ATTEST:
Arine M. 13uerg1er, City C
Attachment: Former CDC Housing Assets
CITY OF ROHNE '-ARK
l
oseph W. Callihan, Mayo
BELFORTE: A"45 MACKENZIE: N46 STAFFORD: NIJ6' AHANOTU: : AC CALLINAN: NO
AYES: ( rj ) NOES: ( 0 ) ABSENT: ((D ) ABSTAIN: ( a )
2014 -180
ATTACHMENT "A"
- REVISED-
Former CDC Housing Assets
APN
Address
Land surrounding office condominium units; 100 Avram Avenue
143 - 380 -COM
143 - 380 -022
Office Condominium Unit; 100 Avram Avenue #101
143 - 380 -023
Office Condominium Unit; 100 Avram Avenue #102
143 - 380 -024
Office Condominium Unit; 100 Avram Avenue #103
143 - 380 -025
Office Condominium Unit; 100 Avram Avenue #104
143 - 380 -026
Office Condominium Unit; 100 Avram Avenue #201
143 - 380 -027
Office Condominium Unit; 100 Avram Avenue #202
143 - 380 -028
Office Condominium Unit; 100 Avram Avenue #203
Office Condominium Unit; 100 Avram Avenue #204
120 Avram Avenue
6750 (Some documents reference as 6770) Commerce Boulevard
7668 Beverly Drive
746 Brett Avenue
309 Burton Avenue
7783 Burton Avenue
143 - 380 -029
143 - 061 -052
143 - 380 -015
143 - 273 -023
143- 271 -049
143 - 252 -005
143 - 203 -001
143 - 073 -005
7982 Santa Barbara Drive
143 - 370 -010
435 Southwest Boulevard